Mini Cooper Drivers Fight to Keep BMW Engine Defect Class Action Alive

A class action lawsuit alleging BMW of North America LLC concealed an engine defect in some of its Mini Cooper vehicles should not be dismissed, a plaintiff has urged a California federal judge.

Plaintiff Sasha St. Pierre asserts that the amended Mini Cooper class action lawsuit resolved the judge’s initial concerns and that it should be allowed to continue.

The Mini Cooper class action lawsuit claims that certain turbocharged N18 engines have defective oil filter housing gaskets that can leak, crack or deteriorate prematurely.

BMW allegedly knew about this engine defect but concealed it from prospective Mini Cooper buyers in violation of California’s Consumer Protection Act and warranty laws.

Plaintiff Joshua Borkman initially filed the Mini Cooper class action lawsuit against BMW in April 2016, alleging that the sealant used in the engines’ lubrication systems is not able to withstand the heat from the engine, causing the system to become vulnerable to premature cracking or deterioration that can lead to leaks.

The alleged Mini Cooper engine defect can cause the vehicles’ engines to overheat and may cause power loss while driving, the BMW class action lawsuit alleges.

St. Pierre was added as a plaintiff when Borkman filed an amended BMW class action lawsuit last June. Borkman was dropped as a plaintiff when a third amended complaint was filed in November.

According to the third amended BMW class action lawsuit, St. Pierre experienced the engine defect, which causes the oil filter housing gaskets to prematurely break, causing oil and coolant to leak into the engine block.

She says the issue was verified at an authorized Mini Cooper dealership, and that she was charged $1,143.06 for the repairs.

The plaintiff claims she would not have purchased the vehicle, or paid less for it, if she had known about the alleged Mini Cooper engine defect.

St. Pierre seeks to represent a Class of consumers who purchased a Mini Cooper vehicle equipped with an N14 or N18 turbocharged engine. She wants to certify either a nationwide Class or a California Class of Mini Cooper purchasers.

In December, BMW filed a motion to dismiss the Mini Cooper leaky engine class action lawsuit, arguing that St. Pierre didn’t adequately link her theory about the engine defect to her own personal experience.

The auto maker argued that she did not meet the standard for standing, and that even if she did have standing to sue, St. Pierre’s claims must fail because she did not provide adequate support for the consumer protection and warranty claims.

BMW argues that the only alteration made to the third amended Mini Cooper class action lawsuit was that Borkman was dismissed as a plaintiff, and that any amendments did not adequately address the alleged deficiencies.

St. Pierre denies BMW’s arguments and asserts that the Mini Cooper class action lawsuit should be allowed to proceed.

A hearing on the matter is reportedly scheduled for Feb. 23, 2017.

The plaintiff is represented by Jordan L. Lurie, Robert K. Friedl, Tarek H. Zohdy, Cody R. Padgett and Karen L. Wallace of Capstone Law APC.

The Mini Cooper Engine Defect Class Action Lawsuit is Borkman v. BMW of North America LLC, Case No. 2:16-cv-02225, in the U.S. District Court for the Central District of California.