By Top Class Actions  |  August 6, 2014

Category: Consumer News

Mazda class action lawsuitWhile a group of sports car owners may have had issues with a warranty, a federal judge has ruled that the lead plaintiff has failed to allege sufficient facts in a Mazda RX-8 engine defect class action lawsuit for it to survive dismissal.

In the original Mazda class action lawsuit complaint, Christina Paschal says that she purchased a 2008 Mazda RX-8 second hand and had an engine failure the next year. Due to known issues with the engine, she was able to get it repaired for free which included the replacement of spark plugs that were damaged by fuel leakage. However, U.S. District Judge Andrew J. Guilford was not swayed by her claims that when she needed further repairs that the Japanese automaker had not done its duty.

He noted that the warranty extension provides that a “Mazda dealer will make necessary repairs … to correct any problem covered by this warranty without charge to you.” Paschal had admitted that the first time she took her Mazda RX-8 she had no problems with the repair of the vehicle, but asserted that the company had violated state law and the Magnuson-Moss Warranty Act by failing to replace the spark plugs.

Judge Guilford, in reading the warranty extension, wrote that he was unable to find any specific language that necessitated the replacement of those parts, even though the engine defect was known to damage them. Instead, relying on the testimony of a dealership manager, he found that the service bulletin only provided for “necessary repairs” and that Paschal’s car had continued to run without issue after it did so.

A second claim that Paschal had brought regarding the battery in the first amended complaint with the assistance of her class action lawsuit lawyer revolved around the battery that she says should have been replaced at he same time her spark plugs were as a technician testified that a flooded engine can require massive amounts of electricity to try and start, thus draining the battery.

Even with that, the order for summary judgment noted that the technician did not explain why, “when that occurs, the battery cannot be recharged once the engine is deflooded. Nor does he explain the significance of a “load test,” which the technician actually examining the vehicle used to diagnose the battery. Forbes also failed to review the maintenance history of the vehicle, and he failed to consider alternative explanations for the state of the battery, such as its age.”

The plaintiffs are represented by class action lawsuit lawyers Stephen M. Harris of Knapp Petersen & Clark and Robert L. Starr.

The Mazda RX-8 Engine Defect Class Action Lawsuit is Christina Paschal v. Mazda Motor of America Inc., Case No. 14-cv-00594, in the U.S. District Court for the Central District of California.

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3 thoughts onJudge Puts Brakes on Mazda RX-8 Engine Defect Class Action Lawsuit

  1. Roger Hovious Jr says:

    I own a 04 and a 05 Rx8 ..both car has the fluid issues nto the battery drain problem …I have purchased numerous sets of plugs .coil packs n batteries for both rx8s..with no luck of turning over n running both radiators have cracks in them from over heat exposure in which I learned after replacing both r8s fill tanks because cracked or eroded from the high intense heat ..I have replaced both fuel pumps just to find the recall was half ass done on my 04 in which I got exposed wires hanging 8nside my tank .. compression test shows no compression. Both these cars are shot..I have talked to oxmoore Mazda of Kentucky where’ I’m from n they refuse to anything to help or to turn in claims to corporate to get all these fixed ..I told them I wanted trade them in they told me I would have to pay for the towing then told me the would give me 500.00 for them …..I like to know what I can do or what can be down …thank you

  2. Mark A Franco says:

    Hello I have 06 Mazda RX8 with all yhe similar problems can someone help me thanks

  3. Eric Gaffo says:

    I also have purchased a Mazda RX-8 secondhand from a friend that purchased it from a used car dealership. When the car started acting up I tried to bring the car engine to the company that he purchased it from and make them aware of the issue with the rotary engine not having any power and having problems starting up the owner of the dealership then replied that you purchased a car as is and there was no warranty so I purchased a car from him and it ran for about one week then it all the sudden quit I had taken it to a trusted mechanic to find out that it has a blown seal which is not allowing any compression or something to that nature for it to be able to start and run properly on further review of that rotary engine stall car we had found that it is without a doubt have had a lot of problems with that particular engine this is very distrustful for people to purchase Mazda products along with the Mazda RX-8 I want to know if there’s something I can do about getting the car fixed through Mazda at the dealership without cost or very little cost I find that it is very dishonest with Mazda to not let everyone know the issues that work having with that particular car and that particular motor.

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