MIAMI (Legal Newsline) – The owners of diesel General Motors-manufactured pickup trucks allege a fuel injection pump isn't built for U.S. diesel and fails.
Frank Ginebra, et al. filed a complaint on behalf of all others similarly situated on Dec. 12 in the U.S. District Court for the Southern District of Florida against General Motors LLC alleging fraud by omission/misrepresentation and other counts.
According to the complaint, the plaintiffs own Chevrolet and GMC trucks manufactured from 2011 to 2016 that have Bosch CP4 fuel injection pumps.
"The CP4 pump is not built to withstand the specifications for U.S. diesel fuel in terms of lubrication or water content, and it struggles to lift a volume of fuel sufficient to lubricate itself. As a result, the pump is forced to run dry and destroy itself as air bubbles allow metal to rub against metal," the suit states. "As a result of this defect, the pump secretly deposits metal shavings and debris throughout the fuel injection system and the engine until it suddenly and cataclysmically fails without warning, further contaminating the fuel delivery system with larger pieces of metal."
The suit states consumers are left with repair bills that range in cost from $8,000 to $20,000 per vehicle.
The plaintiffs hold General Motors LLC responsible because the defendant allegedly concealed and suppressed material facts concerning the performance of the fuel injection pumps.
The plaintiffs request a trial by jury and seek injunctive relief in the form of a recall, free replacement, or buy-back program; an order establishing GM as a constructive trustee over profits wrongfully obtained, plus interest; costs; restitution; damages, including punitive damages, exemplary damages, and treble damages; and disgorgement in an amount to be determined at trial; pre- and post-judgment interest on any amounts awarded; costs and attorney’s fees.
They are represented by Andrew Parker Felix of Morgan & Morgan PA in Orlando, Florida; Robert C. Hilliard of Hilliard, Martinez, Gonzales LLP in Corpus Christi, Texas; and Steve W. Berman and Sean R. Matt of Hagens Berman Sobol Shapiro LLP in Seattle, Washington.
U.S. District Court for the Southern District of Florida case number 1:18-cv-25209-FAM