Christina Spicer  |  January 23, 2018

Category: Consumer News

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Kia-HyundaiCar 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.

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241 thoughts onHyundai, Kia Class Action Filed over Concealed Engine Defect

  1. Kaylah McClure says:

    Please add me to lawsuit. Although my kia sportage is not a gdi it’s a mpi. The engine is knocking at 112,000. With regular documented maintenance records. Now told it’s going to cost $8000 to fix.

  2. Stephen Wight says:

    Please add me to the class action suit. I owned a 2013 Elentra and had to buy a new car as the dealer refused to repair the engine

  3. wanda tate says:

    Please add my name to this class action suit. I own a 2015 Kia Sorento .

  4. Dorian Oliveira says:

    Please add me to the class action law suit. On March 7, 2019, my 2013 KIA Optima caught fire while my daughter was driving. She parked the car in a public parking lot and realized the front end of the car was on fire. Thank God she is physically okay, and no one else was injured. My car was a total loss, another car was a total loss, and a third car was damaged. The insurance company determined the cause of the fire was no fault of the motorist, rather product malfunction.

    Any suggestions welcome.

  5. SBOB says:

    Our first vehicle was the 2011 Hyundai Sonata which was recalled for the Theta II engine replacement years ago. Hyundai had it for a month while they waited for the replacement engine to come in. Unfortunately after that, the car never ran the same. We traded it in for a certified pre-owned 2013 Santa Fe Sport Turbo 2.0 about a year before any of these issues became known. Driving home on I-95 going 70MPH, the SUV decreased rapidly to 0 and I had to pull over as quickly as I could. At 3AM, we were in pitch black on the side of the highway, stuck for hours. This time, we were out of state, many hours away from home. Again, we waited a month for the engine replacement. Since then, this car has never been the same and has died numerous times on us and has been through repeated recall after recall in the short time we have owned it. We would DEFINITELY love to be added to this class action since this is the SECOND time Hyundai has done this to us and would be more than happy to provide both VINS for the cars we went through this with.

  6. Jeff Matthews says:

    Had my 2015 sonata 2.4 gdi at van horn hyundai in sheboygan wisconsin 5 times for hesitation check engine and scary sounding motor they have no clue how this is still going on with my car. Am now terrified to even start it anymore. I now HATE this car and don’t want it. Why is hyundai allowed to do this to people? I thought that there are laws against this behavior??

  7. NORA SIKANOWICZ says:

    I have a 2011 Kia Sorrento EX V6 and have burning oil for years I have to change the oil every 500 miles. Have been taken it to 2 different dealers for the past 8 years said it was from neglect on oil changes but actually have had Kia dealership tell me that it was from the engine itself there have been filings in the oil pan every time they change the engine The car smokes like crazy and one of the cylinders is blown according to the dealership. For the past 5 years I have been calling Kia Customer Care and they can’t be bothered

  8. Marc king says:

    Have a kia soul plus 2016 2.0 gdi engine and is currently at dealership with what sounds like this issue. Think Kia Soul 2016 with 2.0 Liter GDI engine should be added also.

  9. Sharon Evans says:

    How can I be added to this lawsuit? My car burned up from an engine fire Oct 21, 2018. Insurance only paid off the vehicle.

  10. Delia Arroyo Rodriguez says:

    I have. 2017 Kia Sportage Turbo and felt had the slipping happening few months after I got it!!! I was told by the dealership that since they scan it and the machine doesn’t show any problems with it, nothings wrong with it!!!

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