BMW Maintains Engine Defect Class Action Claims Are Deficient

BMW is asking a New Jersey federal court to toss claims in a proposed class action lawsuit that alleges the automaker failed to disclose a M3 vehicle engine defect. BMW says the allegations are deficient and should be dismissed.

The class action lawsuit brought forth by plaintiff David Afzal accuses the automaker of failing to disclose an engine defect in certain M3 vehicles that may cause catastrophic engine failure and increase the risk of a crash.

According to BMW, Afzal’s amended warranty claims fail for multiple reasons. In regards to Afzal’s assertions that he is a third-party beneficiary of an implied warranty, BMW counters he is “wrong” citing previous court rulings that “an end consumer purchasing a vehicle from a retailer is not in privity with the manufacturer.”

“The facts in this case take it a step further: plaintiff did not even purchase his vehicle from a retailer; rather, his purchase was made in a private transaction,” BMW stated.

BMW also contends that Afzal incorrectly claims that the National Highway Traffic Safety Administration and service bullentin complaints evidence BMW’s knowledge of the alleged engine defect are “riddled with holes,” the complaint states.

“What consumers tell NHTSA tells the court nothing about what or when BMW NA knew about the defect,” BMW said, citing a 2014 case, McQueen v. BMW N. Am.

In May, Afzal countered back at BMW’s argument for dismissal, telling the court that BMW’s motion to dismiss falls shorts and reveals a “fundamental misunderstanding” of the claims and the legal standards governing express and implied warranty claims.

He holds that several sources including complaints submitted to the National Highway Traffic Safety Administration, those posted on BMW consumer forums, as well as detailed complaints directed at BMW’s Technical Service Bulletins all point to BMW being aware about the engine defect.

However, despite numerous NHTSA complaints, the plaintiff states that BMW is attempting to levy an “excessive pleading standard” to show that it was not aware of the M3 engine defect.

Afzal filed the BMW engine defect lawsuit after allegedly experiencing knocking from connecting rod bearings that needed to be replaced at a price of $2,000. Afzal said a BMW dealership denied there was an engine problem in the 2011 BMW M3 because they didn’t want to make repairs while the vehicle was under warranty.

The $2,000 bearing replacement cost came from an independent repair shop that said the BMW dealership had been wrong about the diagnosis.

The BMW engine defect lawsuit claims that BMW M3 vehicles with S65 engines can suffer “catastrophic failure” due to defective rotating assemblies. The defect is alleged to manifest itself during and shortly after the limited warranty period for the vehicles, and Afzal’s lawsuit claims that BMW has refused to disclose the existence of the defect in many cases.

Afzal also alleges that, while BMW has long been aware of the engine defect, it has failed to take any action to correct the defect when it manifested shortly outside of the warranty period.

The plaintiff is represented by Matthew D. Schelkopf and Joseph B. Kenney of McCuneWright LLP, Paul Scarlato of Goldman Scarlato & Penny PC and Benjamin I. Siminou of Thorsnes Bartolotta McGuire LLP.

The BMW Engine Defect Class Action Lawsuit is Afzal v. BMW of North America LLC, et al., Case No. 2:15-cv-08009, in the U.S. District Court for the District of New Jersey.

UPDATE: On Oct. 18, 2016, a federal judge ruled that Afzal’s class action lawsuit will continue despite dismissing several claims including fraud and breach of implied warranty.