Specifically, the lawsuit alleges Caterpillar' 2007-2010 model C-13 and C-15 engines have defective exhaust emission controls which make the vehicles unreliable for transportation. Further, despite repeated repairs, they cannot be permanently fixed.
According to the complaint, the engines' exhaust emission control systems regularly detect warning and shutdown readings from the software used to regulate and monitor certain components, causing the vehicle to require authorized exhaust emission control diagnoses that eventually are unable to rectify the problem.
"This caused plaintiff and class members to incur significant damages in the diminution of the value of their vehicles, but also in the cost of replacing the engines with other EPA 2007 Emission Standard compliant heavy-duty, on-highway, diesel engines."the lawsuit states.
K Double D Inc, lead plaintiff in the class action, alleges it purchased a vehicle featuring the 2007 heavy-duty on-highway diesel engine that suffered engine and regeneration problems, which resulted in thousands of dollars in damages to the company.
Further, K Double D claims that despite extensive repair work, the engine experienced repeated instances of warning lights illuminating, engine derating and shutdown, regeneration failure and more, as well as other failures that prevented it from working properly.
"Despite defendant' numerous attempts to correct the ... failures, the ... engine exhaust emission controls do not function as required under all operating conditions, and will not do so for the expected life of the vehicle,"the lawsuit states.
The lead plaintiff seeks to represent a class of all vehicle owners and lessees who purchased or leased a vehicle containing the engines. The lawsuit alleges claims of breach of express and implied warranty, negligence, unfair and deceptive acts and more.
The lead plaintiff is represented by Richard J. Burke and Jamie E. Weiss of Complex Litigation Group LLC and Jonathan Shub of Seeger Weiss LLP and Mitchell Baker.
The suit is K Double D Inc. v. Caterpillar Inc., case number 1:14-cv-01760, in the U.S. District Court for the District of Colorado.