Caterpillar Facing Defective Diesel Engine Class Action Lawsuit

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Los Angeles, CA: Caterpillar Inc. is facing a class action lawsuit over claims that its heavy-duty on-highway diesel engines, designed to adhere to 2007 U.S. Environmental Protection Agency (EPA) emissions regulations, contain a design defect that requires extensive repairs and replacements.

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.

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Reader Comments

Posted by
Mark Madison
on
How do I get involved in this class action suit?
I have a 2007 C9 Diesel engine in my RV. I have had to replace the turbo charger, had the ARD Head cleaned and now replaced. The unit still does not work. Check engine light, DPF light and sever loss of power. The CAT dealership wants me now to pay more to replace the fuel pump. I don't think they know how to fix the issue.

Posted by
Fidel Gonzales Jr.
on
I bought a 2009 KW with a C-13 engine and i have spent over 40,000 on the engine alone and it still doesn't run right at all this truck has put me a few months away from bankruptcy I need to know if I can get in on a class action lawsuite.

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