BMW Excessive Oil Consumption Class Action Survives Summary Judgment Bid

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BMW Excessive Oil Consumption Class Action Lawsuit Overview:

• Who: A judge has denied BMW’s bid to throw out a class action lawsuit alleging the motor company concealed an engine defect that caused excessive oil consumption.
• Why: The judge was unpersuaded by BMW’s argument that the plaintiffs’ claims were barred by the statute of limitations.
• Where: The BMW class action lawsuit was filed in Pennsylvania federal court.

A Pennsylvania federal judge has denied a motion to throw out a class action lawsuit that alleges BMW concealed an engine defect that caused some of its vehicles to consume excess oil.

In his Dec. 8 order denying summary judgment, U.S. District Judge Timothy J. Savage noted that there was “substantial” evidence that BMW was aware of the N63 engine defect. The judge concluded that the statute of limitations period began during the time BMW concealed the engine defect, rejecting BMW’s argument that the statute of limitations began tolling when drivers first noticed the low oil warning light.

“The low oil warning did not signal a defect,” Judge Savage wrote in his order. “Even if it did, BMW, through its dealers, did not attribute the excess oil consumption to a defect, instead assuring the plaintiffs that it was normal.”

BMW allegedly knew of the excessive oil consumption defect since at least 2010 after receiving numerous complaints about the issue. In 2013, the motor company traced the issue to defective valve stem seals, the judge notes in his order.

BMW Allegedly Told Dealers to Conceal Oil Valve Defect

Even after learning the cause of the excessive oil consumption defect, BMW allegedly instructed dealerships to portray the oil consumption as normal. Because of this alleged concealment, the plaintiffs say they were unable to assert their warranty claims during the warranty period. BMW’s alleged concealment of the issue also prevented the plaintiffs from learning about the defect, the judge wrote.

The plaintiffs say that they learned about the defect in 2018 and that they filed the BMW excessive oil consumption defect class action lawsuit well within the four-year statute of limitations. 

Because there are disputed facts about when they learned of the alleged defect and tolled the statute of limitations, the judge denied BMW’s motion for summary judgment.

Do you think the judge should have allowed the BMW oil valve defect class action lawsuit to continue? Let us know in the comments below!

The plaintiffs are represented by Sergei Lemberg and Vlad Hirnyk of Lemberg Law LLC and Rachel J. Schulman of Rachel Schulman Esq. PLLC.

The BMW Excessive Oil Consumption Class Action Lawsuit is Stephen Hurley, et al. v. BMW of North America LLC, et al., Case No. 2:18-05320, in the U.S. District Court for the Eastern District of Pennsylvania.

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