A GM CP4 class action lawsuit alleges the Bosch high-pressure fuel injection pumps are destroyed by U.S. diesel fuel because the pumps were manufactured for European diesel standards.
The class action alleges owners of the following Duramax diesel vehicles may pay up to $20,000 for repairs once the pumps fail and destroy the engines.
- 2011–2016 Chevrolet Silverado 2500HD
- 2011–2016 Chevrolet Silverado 3500HD
- 2011–2016 GMC Sierra 2500HD
- 2011–2016 GMC Sierra 3500HD
- 2010–2011 Chevrolet Express
- 2010–2011 GMC Savana
- 2010–2011 GMC Sierra
According to the lawsuit, GM sold hundreds of thousands of diesel vehicles equipped with the CP4 fuel injection pumps that aren't compatible with American diesel fuel.
The pump is supposed to use less fuel by exerting higher fuel pressures, something that seemed to work well for vehicles in Europe. But the plaintiffs say American drivers must trade improved fuel economy for fuel pumps that run dry and self-destruct, destroying the fuel injection systems and the Duramax engines.
GM owners complain about destroyed pumps as soon as the vehicles are purchased and filled with fuel because American diesel fuel is cleaner than European diesel fuel.
However, cleaner and thinner fuel also allegedly means less lubrication to the CP4 pumps, allowing air pockets to form inside the pumps. This allegedly causes metal to rub against metal, depositing metal shavings throughout the fuel injection systems.
This process continues until the engine allegedly suddenly fails without warning, leaving the diesel vehicles unable to restart, and leaving vehicle occupants stranded. The plaintiffs say the sudden engine failures are a huge safety hazard when driving in traffic, then a huge expense to get the vehicles roadworthy.
The CP4 lawsuit says a CP4 fuel pump that fails results in an "outrageously expensive repair bill, ranging from $8,000-$20,000 even when 'covered under warranty,' all for a repair that will not truly ameliorate the issue so long as the vehicle is being filled with American diesel."
The class action alleges GM may have been promoting the reliability and safety of the diesel vehicles, but the automaker knew the CP4 pumps were not compatible with diesel fuel in the U.S.
General Motors filed a motion to dismiss the fuel pump lawsuit, but a Texas federal judge refused to dismiss most of the claims, allowing the plaintiffs to proceed with their allegations.
The CP4 class action argues GM's advertisements were false, while the automaker says claims about durability and fuel efficiency were nothing more than "mere puffery" used by all companies to market their products. The judge came down on the side of the plaintiffs by ruling, "[m]isrepresentations are not merely puffery or opinion if they are of a material fact."
"GM's statements were not mere sales hype in light of the fact that the CP4 fuel pump was incompatible with U.S. diesel fuel, causing the engine to stall and requiring costly repairs." - Judge Nelva G. Ramos
In addition, the judge commented on any suggestion the risk of sudden CP4 failure doesn't cause a safety risk.
"The worst case scenario of a truck spontaneously stalling at high speeds is not a mere inconvenience. Nor is it a mere inconvenience to spend between $8,000 to $20,000 on repairs to make the trucks fit for their ordinary purpose. The Court rejects GM's suggestion that the risk of spontaneous engine failure while driving is not, as a matter of law, unreasonably dangerous, depriving the vehicles of fitness for their purpose of transportation."
The GM CP4 class action lawsuit was filed in the U.S. District Court for the Southern District of Texas: Click, et al. v. General Motors LLC.
The plaintiffs are represented by Hilliard Martinez Gonzales LLP, Hagens Berman Sobol Shapiro LLP, Morgan & Morgan PA, and Gibbs Law Group LLP.
The same attorneys have filed other GM CP4 class action lawsuits, as well as fuel pump lawsuits against Ford, Bosch and Chrysler.
CarComplaints.com has complaints filed by owners of the General Motors vehicles.
- Chevrolet Silverado 2500 – 2011 / 2012 / 2013 / 2014 / 2015 / 2016
- Chevrolet Silverado 3500 – 2011 / 2012 / 2013 / 2014 / 2015 / 2016
- GMC Sierra 2500 – 2011 / 2012 / 2013 / 2014 / 2015 / 2016
- GMC Sierra 3500 – 2011 / 2012 / 2013 / 2014 / 2015 / 2016
- Chevrolet Express – 2010 / 2011
- GMC Savana – 2010 / 2011
SOURCE: CarComplaints.com — GM CP4 Class Action Lawsuit Moves Ahead
CARCOMPLAINTS.COM RSS FEED (https://www.carcomplaints.com/news/feed.xml)
© 2020 Autobeef LLC. RSS Terms of Use: https://www.carcomplaints.com/rss.shtml
Mon Mar 30 23:20:24 2020 | 45.58.121.250 | RSSingBot (http://www.rssing.com) | GET | ZCXVCBASDF