Judge Lets Mitsubishi Engine Defect Class Action Continue

A federal judge last week refused to dismiss a class action lawsuit accusing Mitsubishi Fuso Truck of America of producing truck engines that are defective.

Lead plaintiffs, Plaintiff Q+Food LLC, a Florida company, filed the class action lawsuit in September. The complaint alleges that Mitsubishi Fuso’s BlueTec engines are equipped with a defective exhaust emission control system that can cause vehicles to malfunction.

The seafood delivery company claims it had its new 2012 FE125 truck serviced 13 times for engine problems related to its emission control system in the first three years of ownership as a result of the alleged defect.

The truck maker filed a motion to dismiss the engine defect class action lawsuit. However, U.S. District Judge Michael A. Shipp dismissed the motion. “[T]he statements alleged in plaintiff’s complaint go beyond what normally constitutes puffery, and make specific representations,” Judge Shipp said in his order. According to the order, the plaintiff made adequate allegations of a deceptive or unfair practice under the Florida Deceptive and Unfair Trade Practices Act.

Mitsubishi Motors Corp. truck division’s motions to dismiss claims for breach of express warranty and breach of implied covenant of good faith and fair dealing, and to strike Q+Food’s class allegations were also dismissed by the judge. Shipp also found that Q+Food adequately showed Mitsubishi did not exhibit good faith and fair dealing because it knew, or should have known, its warranty was unconscionable.

Judge Shipp did dismiss several of Q+Food’s claims for breach of implied warranty of merchantability. The judge also found that Q+Food’s reliance on the Cedars of Lebanon Hospital Corp. v. European X-Ray Distributors of America lawsuit did not make sense because the Q+Food’s did not allege similar facts or representations by Mitsubishi.

Additionally, a declaratory judgment was not necessary, according to Shipp, because it replicated relief sought under other claims. The judge determined that the class allegations were not developed enough to warrant dismissal.

According to the engine defect class action lawsuit, Mitsubishi breached its warranty on the type of truck used by Q+Foods. After the Environmental Protection Agency announced its 2010 emissions standard, Mitsubishi announced a new series of engines in October 2009 that include “proven, easy-to-use technology” designed to boost fuel economy and protect the environment, according to the class action lawsuit.

Mitsubishi marketed the new BlueTec engines as a better alternative to the systems installed by other engine makers to comply with the new EPA regulations, but, according to the plaintiffs, Mitsubishi’s representations about the engines “proved to be wrong.”

The plaintiffs allege that the engines include a defect that puts “extreme and harmful” pressure on the engines, resulting in regular and catastrophic failures of the engine, including power loss, stalling and failure to restart.

The plaintiffs are represented by Natalie Finkelman Bennett and James C. Shah of Shepherd Finkelman Miller & Shah LLP, Michael D. Donovan of Donovan Axler LLC and Robert W. Murphy.

The Mitsubishi BlueTec Engine Defect Class Action Lawsuit is Q+Food LLC v. Mitsubishi Fuso Truck of America Inc., Case No. 1:14-cv-06046, in the U.S. District Court for the District of New Jersey.

UPDATE: The Mitsubishi Fuso Truck Engine Defect Class Action Settlement is now open! Click here to file a claim!