Hyundai, Kia Class Action Filed over Concealed Engine Defect

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Car manufacturers Kia and Hyundai have been hit with a class action alleging they knew of an engine defect, but concealed it from car owners.

Lead plaintiff Maryanne Brogan claims certain 2011 to 2016 Kia and Hyundai vehicles contain a defective engine.

Brogan alleges that the car manufacturers knew of the defect, but failed to disclose it to consumers.

The plaintiff says that as her son was driving her 2016 Kia Optima EX, he began to hear an engine noise. The car stopped, says the plaintiff, and began to catch on fire.

The defect, alleges the Kia class action lawsuit, is in the design of 2.0-liter GDI turbo-charged engines and 2.4-liter GDI engines, also known as the Theta II engines. The plaintiff says that the defect causes affected vehicles to lose power, make noise, develop engine knocks, misfire, and/or stall.

“Despite their longstanding knowledge, Defendants failed to disclose to Plaintiff and similarly situated consumers that the Engine Defect can result in restricted engine lubrication, including oil flow to connecting rod bearings, as well as to other vital areas of the engine,” states the Hyundai, Kia class action lawsuit.

The restricted oil flow caused by the alleged defect presents safety concerns, according to the Kia class action lawsuit. The defect can cause catastrophic engine failure at any time, alleges the plaintiff. Engine failure could lead to accidents, injury or even death.

According to the class action lawsuit, both Hyundai and Kia have been aware of the alleged engine defect, but have refused to do anything about it. Further, the car manufacturers refused to acknowledge that the alleged defect reduces the resale value of the affected vehicles.

“Many other owners and lessees of the Class Vehicles have communicated with Defendants and/or their agents to request that Defendants remedy and/or address the Engine Defect and/or resultant damage at Defendants’ expense,” alleges the Kia class action lawsuit. “However, Defendants have routinely failed to do so even within the warranty period, often blaming the owners for failing to properly maintain the vehicle rather than admit that the engine’s failure is the result of Defendants’ own misconduct.”

The plaintiff points out that the theta II engine has been previously recalled. In 2015, 470,000 model year 2011-2012 Sonata vehicles were recalled because of metal debris found in the engine crankshaft.

Class vehicles include the 2011-2016 Hyundai Sonata, 2013-2016 Hyundai Santa Fe, 2011-2016 Kia Optima, 2012-2016 Kia Sportage; and 2014-2016 Kia Sorrento.

The plaintiff seeks to represent a nationwide Class of consumers who purchased a Hyundai or Kia vehicle as well as a New York subclass. According to the Kia class action, the car manufacturers violated California and New York state laws, breached express and implied warranties, and violated federal consumer protection laws.

The plaintiff is seeking damages, including punitive damages, as well as an injunction against Kia and Hyundai compelling them to repair, recall and/or replace the allegedly defective engine.

Brogan is represented by Jeffery T. Koening of Hecht Kleeger & Damashek PC, and Austin B. Cohen, Daniel C. Levin, Charles E. Schaffer, and Keith Verrier of Levin Sedran & Berman.

The Kia, Hyundai Engine Defect Class Action Lawsuit is Brogan v. Hyundai Motor America, et al., Case No. 7:18-cv-00525, in the U.S. District Court for the Southern District of New York.