Equipment

Navistar Draws Another Lawsuit Over MaxxForce Engines

July 23, 2014

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Another lawsuit has been brought against the truck and engine manufacturer Navistar over earlier model engines using exhaust gas recirculation technology, following other litigation that was filed earlier this month.

This one is a federal class-action filed on behalf of Washington-California based trucking company Par 4 Transportation that seeks to recover all losses suffered by trucking companies resulting from their purchasing or leasing Navistar truck models 2008-2013 equipped with Navistar's MaxxForce Advanced EGR diesel engines.

The law firm of Finkelstein & Krinsk, based in San Diego, represents the plaintiff.

According to attorney Mark Knutson, the MaxxForce engines contain a defective emission system that causes trucks to underperform, break down or falter without good reason.

“These Navistar engines have cost buyers and lessees, from large fleet owners to small businesses, millions of dollars in damages,” the law firm said in a release. “The practice of Navistar threatens the livelihood and reputation of innumerable businesses. The firm intends to hold Navistar responsible for the poor quality of its engines and reimburse all those damaged by excessive down time, repairs and tarnished good will.”

The firm also claims  the MaxxForce engine defect has led to repeated engine failures causing constant repairs that, coupled with a lack of help and direction by Navistar, is a constant business detriment.

“Navistar never did repair the emission system, replacing the engine defect with an equally defective and failure prone system” the firm said. “Some truckers have spoken about dangerous road situations arising as a result, and some have spoken of the noxious coolant and exhaust fumes that migrate to the passenger compartment.”

When contacted for a response about earlier lawsuits Navistar spokesperson Elissa Maurer said, “As a matter of a company policy, we don’t comment on pending litigation.”

In early July lawyers for trucking companies filed lawsuits in three states against Navistar claiming it failed to disclose known defects and problems with its EPA 2010 MaxxForce engines. This was soon followed by what’s believed to be the first federal class action, representing three trucking companies and involving similar claims.

In July 2012, Navistar announced that it was ceasing the production of all 15-liter MaxxForce Class 8 heavy-duty diesel engines and was abandoning the use of its EGR-only technology on all other Class 8 engines.

 

Comments

  1. 1. JL [ July 24, 2014 @ 06:31AM ]

    What about gov't regulations that are forcing the manufacturers to turn out products that meet new EPA standards but aren't actually functional for the job they need to do? All engine manufacturers are just going to stop production like CAT did-and maybe they should. A line of common sense has to be drawn at some point.

  2. 2. Brion Hackbarth [ July 24, 2014 @ 08:01AM ]

    The gov't should be sued 4 forcing excessive regs to meet these fairy tale #'s the Gov't demands! biggest problem is you have to increase the HP and tax the engine to compensate for the lost HP with these systems

  3. 3. Ray [ July 24, 2014 @ 03:46PM ]

    What gripes me is that Cat simply told the government that they didn't intend to even try to meet EPA 2007 emissions and the government just let them pay the fines up front (similar to what Mercedes-Benz did with the "Gas Guzzler" tax) while all the other engine manufacturers busted their humps to meet the letter of the law. How does circumventing the law help clean-up emissions as the laws were supposed to do? Navistar tried a different approach than Cat but based on Cat's dodging the law Navistar decided to try to do something similar for EPA2010. I don't have any sympathy for either Cat or Navistar. They should have to pay big time for what they have done. Everyone else met the laws as required.

  4. 4. David Thomas [ July 26, 2014 @ 01:13PM ]

    The burden should be put squarely on the shoulders of our politicians and the Federal Government All the engine manufactures had there act together from the early 1990s; The black smoke was gone fuel mileage was good and they were very dependable When Cat Cummins and Detroit came out with the electronic engines they were the best desiel engine ever built Truly a million mile engine!
    if serviced properly. These engines were getting 7.5- 8. miles per gallon and all you could see coming out the stack was heat!
    What happened? I think those of us that have to work for a living know; Too Many Regulations! The Federal Government taking something good then making it Bad really Bad. Less fuel mileage No durability A maintenance nightmare and much more expensive When a great company like Catterpillar threw in the towell because they knew it was a sham and not feasible that should say something to all of us who make our living with trucks. I for one am feed up with our government being involved in every aspect of daily lives. When are we going to wake up? From my perspective it better be soon or we want have the Great Country we once had. Sad. Engines are just one example of what happens to all of us when we;as in We The People allow our Federal Government to run wild. It's past time to for all of us to stand up!

  5. 5. Roger Tull [ July 29, 2014 @ 03:21AM ]

    Just heat? Don't forget the nitrous oxides. Pollutants have been cut by 90% since the 90's. And today's engines are getting more HP than ever per gallon of gas. Burning hotter temperatures mean higher efficiency, yet this produces more acid rain chemicals. Injecting urea into the exhaust neutralizes these. The EPA rules allowed manufactures to achieve these higher efficiencies with substantially less pollutants without worry that the competitor would undercut them with a truck that cheated.

  6. 6. Roger Tull [ July 29, 2014 @ 03:21AM ]

    The longer I've worked, the more pro-regulation I've become. Too often I've seen myself amd others I work with making decisions we know aren't best for our neighbors and kids simply because we're terrified our competition will cheat, so we get locked into a race to the bottom; Each company cheapening our products, cutting every available corner out of fear we'll be undersold. Regulations allow us to know it becomes illegal to cheat. It puts a floor on the bottom and lets us breathe a sigh of relief limiting which corners we can cut. It puts everyone on a level playing field so we have the freedom to innovate and make real progress without fear that the extra dollars spent in the short term won't be for not because our competitor decided to lag behind.

  7. 7. E.P. [ August 08, 2014 @ 11:47AM ]

    David Thomas makes several good points. My Conclusion is that nobody and I mean nobody makes a new truck that is dependable today. So many computers and sensors on these trucks that they wear the check engine light out from being on so much. I have a Detroit DD 15 at the dealer now that has been there four times for warning lights coming on in just the last five weeks. Detroit Tech support has even been involved with this trucks problems. They have had it out with a load on it and their computers inside the cab plug into it trying to figure it out. Another truck owner I know has three trucks with Cummins engines that are in and out of the shop constantly with lights coming on. Paccar and Volvo engines are no better with their issues. None of these 2014 EPA approved engines will go a million miles without major money being spent on them to keep them up. Its terrible to see trucks with less than 100,000 miles on them being towed in on a wrecker. So many unneeded auto shut downs happening that leave drivers stranded and paying big wrecker bills. It is sad to spend $140,000.00 on a new truck that has a low dependability record of getting the job done. The glider kit business has been booming!!! You can depend far more on a fresh rebuilt 12.7 Detroit, 3406B or E Cat, or Cummins N 11 or 14 .than you can this high technology mess we have today!!!

 

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