Defendants designed, manufactured, distributed, marketed, sold, and leased vehicles equipped with the 4.4-liter V-8 turbocharged “N63” engine (the “Class Vehicles”) to Plaintiff and Class Members.
As alleged, since 2008, if not before, Defendants knew or should have known that the Class Vehicles contained one or more design and/or manufacturing defects, including, but not limited to, defects contained in the Class Vehicles’ engine that cause them to improperly burn off and/or consume abnormally high amounts of oil (the “Oil Consumption Defect”) and cause premature wear of the engine battery, resulting in the need to replace the battery as often as every 10,000 or one year, well before the useful life of an automotive battery (the “Battery Defect”).
The Oil Consumption Defect is a safety concern because it prevents the engine from maintaining the proper level of engine oil, and causes voluminous oil consumption that cannot be reasonably anticipated or predicted. Therefore, this Oil Consumption Defect is unreasonably dangerous because it can cause engine failure while the Class Vehicles are in operation at any time and under any driving conditions or speeds, thereby exposing the Class Vehicle drivers, their passengers and others who share the road with them to serious risk of accidents and injury.
Moreover, because the Oil Consumption Defect can cause the Class Vehicles to consume unacceptably high amounts of engine oil, the rate of oil consumption for some Class Vehicles can be as high as one (1) quart of oil per 750 miles driven. The Oil Consumption Defect thus requires the addition of substantial amounts of oil between scheduled oil changes and can result in engine damage. Indeed, as a result of the Oil Consumption Defect, the potential safety hazards, and Defendants’ refusal to acknowledge its existence and fix the problem, many consumers have reported that they have resorted to purchasing an extra supply of oil and carrying it with them in their trunk at all times when driving.
As alleged, the premature battery wear is the result of excessive energy demands placed on the battery by the N63 engine’s cooling system components. Despite knowledge of the N63’s increased energy demands, Defendants failed to incorporate in their initial design a power source that could adequately provide for the N63’s energy demands, instead providing an insufficient 90 ampere hour (Ah) battery as original equipment.
Class: All persons or entities in the United States who are current or former owners and/or lessees of BMW vehicles equipped with the N63 engine