A New Jersey judge is allowing a class action lawsuit against BMW to proceed, even though the plaintiff failed on several of his claims. The suit, filed in November 2015, alleges that the engines in BMW M3 model cars are defective, that BMW knew of the defect and failed to disclose it to consumers.
In addressing BMW’s motion to dismiss in a New Jersey district court, the judge dismissed the plaintiff’s claims for breach of implied warranty and fraud. The judge ruled that since the plaintiff was not the original owner of the BMW M3, his claims for breach of implied warranty fail.
The plaintiff’s claims under the California Song-Beverly Act — which provides for implied warranty protections that don’t depend on a contract between two parties — fail because those protections depend on whether the goods are purchased at retail, which the plaintiff’s pleadings did not allege.
The judge also said that the plaintiff failed to plead specific allegations that would establish a fraud claim. However, he let stand the plaintiff’s claims of breach of express warranty, breach of the implied covenant of good faith and fair dealing, and Magnuson-Moss Warranty Act violations.
The suit alleges that the BMW M3 engines have a defect in the rotating assemblies that prevents oil from properly lubricating the bearing surfaces, which can result in catastrophic engine failure. The plaintiff, who purchased his used BMW M3 in 2013 at a BMW dealership, said he took the car to the dealer twice for knocking engine noises that the dealer told him were “normal exhaust expansion noise.” However, when he then took the car to an independent repair shop, the mechanic told him the car’s bearing rods needed to be replaced at a cost of $2,000.
The class action suit is seeking damages on behalf of all U.S. residents who currently own or have owned a 2011-2015 BMW M3, including individual damages for each class member and an order for BMW to recall, repair or replace the defective engines.
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