The truck and engine manufacturer Navistar has become involved in its third lawsuit this summer regarding defects in their MaxxForce Advanced EGR diesel engines. This lawsuit is the first federal class-action filed against Navistar and was pushed forward by the Washington-California based trucking company Par 4 Transportation. Par 4 hopes to make Navistar provide compensation to every trucking company that has been subject to the company’s faulty engines and false advertising. Complaints brought in the suit against Navistar include breach of implied warranty, breach of expressed warranty, violation of consumer fraud laws, and more.
Navistar’s defective engines that are the focus of the lawsuits use an EGR system unique to the company. The system was developed in 2008 in an attempt to meet new federal emissions standards while every other major North American engine maker shifted to using selective catalytic reduction (SCR) instead.
The first lawsuit brought against the company regarding the engine issues came on July 8 but now Par 4 looks to receive compensation for every trucking company that paid for the defective engines. Par 4 and other plaintiffs accuse Navistar of being aware of the defects in their engines but proceeding to sell them anyway. As a result, trucking companies big and small across the country experienced a variety of expensive problems. Par 4 is seeking repayment for out-of-pocket expenses related to issues with the engines. Such expenses include deductibles paid when repairs were covered by warranty, towing charges, lost profits, cost to replace the engines, diminishing value of the trucks, diminished value received by the vehicles, increased salary expenses to hire additional mechanics to deal with the engine problems, increased expenses for tools and parts on hand, and increased costs of purchasing additional vehicles. Many truck drivers also complain of exposure to noxious fumes and dangerous driving situations caused by the problems with the Navistar engines.
In late 2012, Navistar began to transition away from its EGR engine system and has started adding SCR systems to its 11 and 13-liter engines, stopping production of its 15-liter engines entirely.
In accordance with company policy, Navistar has withheld public comment regarding the pending litigation.
