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On Tuesday, a putative class action lawsuit was filed against Navistar Inc. in Florida alleging defects in the trucking company’s MaxxForce heavy-duty diesel engines cause overheating and violate U.S. Environmental Protection Act (EPA) standards.
Lead plaintiff, Priority Towing Inc., alleges in the class action lawsuit that Navistar’s MaxxForce engines emission control systems contain a defect that causes the engines to recirculate air and subjects the engines to high temperatures and engine failure, requiring constant repairs, and that the systems do not reduce exhaust emissions as required by the EPA.
“These repeated warranty repairs and replacements failed to repair or correct the Advanced EGRs’ defects resulting in damages, including diminished value of the vehicles powered by MaxxForce engines, the costs to re-power the vehicles with diesel engines that are compliant with the EPA emission standards, and out of pocket expenses resulting from breakdowns,” the class action lawsuit says. “On information and belief, Navistar’s Advanced EGR system produced more heat and pressure than the system was able to cope with, leading to repeated breakdowns of the EGR system, including broken sensors, valves, and other System and Engine components.”
The plaintiff alleges that the company authorized many repairs and equipment replacements, but did nothing to correct the defect. The Navistar class action lawsuit also alleges that Navistar removed Advanced EGR technology for model years 2014. The class action lawsuit proposes a Class of all people who purchased or leased a vehicle with 2010 to ’13 model year Navistar 11-, 13- and 15-liter MaxxForce Advanced EGR diesel engine, or MaxxForce 7, DT, 9 and 10 mid-range diesel engines
The Florida class action lawsuit comes on the heels of another similar class action filed in Illinois in July. In that case, three trucking companies, Denis Gray Trucking, Carmichael Leasing and GTL Enterprises, who had purchased and used several Navistar model trucks equipped with the allegedly defective Maxxforce Advanced EGR diesel engines alleged that Navistar knowingly sold trucks that with defective engines and failed to repair the defect before the warranties’ expiration dates, placing the burden of repair and maintenance on the truck owners.
According to the Illinois class action lawsuit, “trucks equipped with the defective engines were not as represented by Navistar and were and are worth less than the price plaintiffs and class members paid, and what they would have been worth with an engine free from defects[.]” Additionally, also in July, a judge dismissed a fraud case against Navistar concerning alleged concealment of the defect, finding that the complaint did not provide adequate detail to support fraud allegations.
Priority Towing Inc. is represented by Steve R. Jaffe, Mark Fistos and Seth M. Lehrman of Farmer Jaffe Weissing Edwards Fistos & Lehrman PL, Steven G. Calamusa of Gordon & Doner PA, Richard J. Burke, Jeffrey A. Leon, Jamie E. Weiss and Zachary Jacobs of Quantum Legal LLC, Jonathan Shub of Seeger Weiss LLP and James E. Cecchi ofCarella Byrne Cecchi Olstein Brody & Agnello PC.
The Navistar Defective Diesel Engines Class Action Lawsuits are Priority Towing Inc. v. Navistar Inc., Case No. 9:14-cv-81202, in the U.S. District Court for the Southern District of Florida, and Denis Gray Trucking Inc., et al. v. Navistar International Corporation, Case No. 1:14-cv-05249, in the U.S. District Court for the Northern District of Illinois.
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20 thoughts onNavistar Hit with Second Class Action Lawsuit over Engine Defect
Hi I have a maxxforce 2013 26ft box truck at 170,000 mile this truck is no longer working can u help I have spent so much money with this truck
I own a 2012 Holiday Rambler Motor Home with a Max Force 10, only 59,000 miles. Having multiple regen request, just told Exhaust Manifold is cracked. $10,000 Estimate.
How do I join this Lawsuit?
Have 2013 Holiday Rambler with DT 10 engine less than 65000 miles. Have spent between 15000 and 20000 dollars on repair, back in shop this morning. Are there any active lawsuits on these terrible engines?
so where can i get more information on this suit . i have 2 maxxforce 7 trucks in our fleet that are both not running and have have a few repairs on the egr systems for over heating problems . Who do i need to contact ?
I have a2011 international with maxforce engine 9liter…bought used with 110k miles… at 154k miles the egr cooler went bad…that time cost me $14525. Took 10 days. At 177k miles, went back in 68 days and $10615. bill…can you help me
Nternational 5300 Truck is dead. Only 141000 miles. Low to no compression. Truck smoking and sitting in yard. I cant affotd an additional 15000 to rebuild or more to replace. Another issue is its the same damn engine if rebuilt or replaced. Im screwed.
2011 international Durastar, been sitting in my yard for year now and engine needs rebuilding with only 276xxx mi. Have spent so much on this truck , new EGR, new turbo, exhaust filter, Injector’s. What can I do about this ?
I have a 2013 Holiday Rambler Endeavoer motor home with the Navistar 10 engine….Engine repair recently cost me $12,000.00. Is this class action suit still active and does it include recreational vehicles?
Is this still going, 2008 maxxforce in our carrier, its parked for this last year because of engine..can we get a firepower or ??
I have a 2013 Maxxforce 7 with major issues. Engine now has to be replaced after $10k in work. Is this still going on?