The complaint for this class action claims that PACCAR engines are inherently defective and repeatedly fail, causing danger to the drivers of its trucks and to other motorists on the road. According to the complaint, the only remedy PACCAR has for its engine problems is the replacement of defective parts with equally defective parts that are destined to fail in their turn.
The Nationwide Class for this action is all individuals or entities in the US, except in New Jersey and Texas, who leased or bought the vehicles at issue, not for resale. In the alternative, the complaint proposes statewide classes for California, Florida, and Wisconsin.
PACCAR, Inc. makes medium- and heavy-duty trucks and sells tractor-trailer and vocational trucks in the US. Its truck-making subsidiaries are Kenworth and Peterbilt. Originally, the company bought the diesel engines for its Class 8 vehicles (those with a weight rating of over 33,000 pounds) from other companies, such as Caterpillar.
Beginning in 2010, the complaint says, the company began to build its own engines via its subsidiary PACCAR Engine Company. The PACCAR MX-13 engine was somewhat based on a PACCAR engine that had already been used for years, and according to the complaint, the company touts it as being reliable, economical, and effective. The complaint says the engine is in use in many Peterbilt trucks and in over 35 percent of Kenworth trucks.
However, according to the complaint, the engine has inherent defects. These cause the appearance of fault codes to warn the driver that the vehicle requires servicing, leading to excessive downtime. Worse, the defects may cause the trucks to lose power and stop, creating a danger on the road and extra expenses for the vehicles’ owners in the need for towing to a PACCAR-authorized repair shop. The complaint asserts that the faulty engines also lower the trucks’ resale value.
The complaint claims that PACCAR and its subsidiaries are fully aware of the engines’ defects because of the increase in warranty repairs after the engines went into use. Unfortunately, the complaint says, the repairs performed on the engines do not solve the inherent problems with the engine; defective components are simply replaced with other defective components that will fail in their turn. Truck owners can get these repairs for free while the vehicle is under warranty, but since the defects still exist even after repairs are performed, the complaint claims that the time and damage limits of the warranties are unconscionable.
The complaint alleges breaches of warranties, among other things.