UPDATED -- The numbers of lawsuits filed against Navistar over its International engines are piling, as lawyers for three more trucking companies have filed a federal class action in federal court in Illinois.
The complaint alleges that Navistar actively concealed that its 2008-2013 model trucks, equipped with the MaxxForce Advanced exhaust gas recirculation diesel engines, contained a defective emission system that caused the trucks to suddenly break down.
"The problems with these engines have cost buyers and lessees, including many small, family-owned businesses, thousands of dollars," said Jonathan D. Selbin of the law firm Lieff Cabraser Heimann & Bernstein. "In some cases, the unexpected mechanical problems endangered owners' ability to earn a living. The lawsuit seeks to hold Navistar responsible for the quality of its engines and ensure that buyers and lessees of Navistar trucks get what they paid for."
The law firm is representing Denis Gray Trucking, Washington; Carmichael Leasing d.b.a. Carmichael NationaLease, Illinois, and GTL Enterprises, Washington. The International trucks in question were purchased in California, Illinois, and Washington.
The complaint alleges that the MaxxForce engine is defective and the alleged defects lead to repeated failures, well before completion of its intended and expected useful life, requiring costly repairs often at the expense of owners and lessees. It also claims when the trucks were brought in for repairs during the warranty period, Navistar didn't properly repair the emission system and instead replaced them with another equally defective failure-prone system.
It is also alleged that the defect rendered the MaxxForce engines unreasonably dangerous at the time the Navistar trucks were purchased. “The defect can and has led to sudden breakdowns, forcing trucks, often heavily loaded with cargo, to attempt emergency maneuvers, such as pulling to the side of the road. The defect also causes coolant and exhaust fumes to enter the passenger compartment of the Navistar trucks, causing risks of driver poisoning from the fumes,” according to a statement from the law firm.
The proposed class consists of all current and former purchasers and lessees of 2008-2013 model year Navistar vehicles nationwide equipped with MaxxForce Advanced EGR diesel Engines.
The case follow three separate yet similar lawsuits that were filed days ago by lawyers representing three fleets in their home states of Tennessee, Texas and Washington.
All claim Navistar failed to disclose known defects and problems with its EPA 2010 MaxxForce engines and the company misled its clients regarding Navistar’s exhaust gas recirculation technology on the engines, including them being certified to meet the Environmental Protection Agency’s 2010 emissions standards.
When contacted about these three lawsuits, Navistar spokesperson Elissa Maurer said, “As a matter of a company policy, we don’t comment on pending litigation.”
Update adds the names of the plaintiff trucking companies.