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General Motors Engine Defect Class Action Lawsuit Overview:
- Who: A federal judge dismissed a class action lawsuit lobbed at General Motors by Ron Shea and Robert Kelly.
- Why: Shea and Kelly had alleged GM sold vehicles with defective engines that caused them to use excess amounts of oil.
- Where: The class action lawsuit was filed in Indiana federal court.
A federal judge in Indiana has granted General Motors request to dismiss a class action lawsuit that alleged the auto manufacturer sold vehicles with defective engines that caused them to use an excessive amount of oil.
Plaintiffs Ron Shea and Robert Kelly claimed GM broke its express warranty by selling and subsequently failing to repair vehicles with the defective engines.
The judge ruled that Shea and Kelly failed to show they pursued and were denied vehicle repairs related to the alleged defect.
“The vehicle owners really offer but a hypothetical — that if they had sought repairs during the warranty period, GM wouldn’t have repaired the defect,” the judge wrote. “The court decides only actual controversies, not hypotheticals.”
The Generation IV Vortec 5300 engines in question were manufactured with defective piston rings which caused oil to leak into the crankcase, the class action lawsuit alleged.
Shea and Kelly claimed the engine defect could cause the vehicle to shut down on its own and also posed a fire risk.
The judge also dismissed claims that GM breached its limited warranty, engaged in false advertising, breached the implied warranty of merchantability, committed unjust enrichment, and violated the Indiana Deceptive Consumer Sales Act.
“GM must have intended to deceive these owners and done so based on representations that these owners in fact relied on to their detriment,” the judge wrote. “This complaint insufficiently advances such a claim.”
A similar class action lawsuit was filed earlier this month by a Georgia resident who alleges GM failed to disclose a defect with its Vortec 5300 Engines with consumers..
Do you own a GM vehicle with a Generation IV Vortec 5300 Engine? Let us know in the comments!
The plaintiffs are represented by Jennie Lee Anderson of Andrus Anderson LLP.
The General Motors Engine Defect Class Action Lawsuit is Shea, et al. v. General Motors LLC, Case No. 3:21-cv-00086, in the U.S. District Court for the Northern District of Indiana.
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One thought on Judge Rules In GM’s Favor Over Defective Generation IV Vortec 5300 Engine Claims
My engine just blew on my 2008 Chevrolet Tahoe with a generation IV 5.3 5300 vortec LMG engine. This was due to the oil management system not alerting to low oil. The engine also has excessively used oil. I now have a paid off vehicle and have to either pay to have the engine rebuilt or replaced which will be about $4000.00. The vehicle has been maintained per the manufacturer’s requirements and should not have failed at 205,000 miles. I would like to be a part of any class action suit regarding this engine. My VIN number is 1GNFC130X8R159934. I would also appreciate any referrals to GM service bulletins regarding this issue and/or any guidance on how to get GM to pay for this.