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Error processing SSI fileJudge tosses counts in GM engine suits
Federal cases claimed engines in 1999-2002 pickups, SUVs had loud noise, or 'piston slap.'
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A federal judge in Oklahoma City has granted General Motors Corp.'s motions to dismiss 10 counts in federal suits filed on behalf of hundreds of pickup and SUV owners who claim their vehicles have defective engines.
The suits, filed a year ago, have yet to be classified as a class action. Federal Judge Joseph Heaton is expected to decide in the next 30 days whether to grant class action status to the suits.
The plaintiffs say the engines in about 800,000 1999-2002 pickup trucks and sport utility vehicles are plagued by a loud knocking noise known as "piston slap." The noise is caused when the pistons knock against the side of the engine cylinder because the clearance between the piston and cylinder is too wide, according to the complaint in one of many cases filed against GM since October 2003.
Last spring, an Oklahoma state judge denied class action status to separate suits filed in state court, but later reversed his ruling and granted the suits national class action status.
GM is appealing the Oklahoma state judge's ruling granting class action status to the state lawsuits.
Attorney J.D. Peters of the Detroit law firm Charfoos & Christensen is handling the federal cases for the plaintiffs. He said the dismissals are not a setback.
"We view it as very positive, because most of our causes of action, which are primarily express or implied warranties, are allowed to proceed in the case," Peters said.
Heaton dismissed the counts on Monday because he felt they were redundant, unclear or weak, Peters said.
The federal case involves seven V-8 engines installed in many pickup trucks and SUVs between 1999 and 2002 with displacements ranging from 3.1 liters to 8.1 liters. But some owners of later model vehicles with 8.0 liter V-8 engines have also complained of the noise.
"My 2004 8.1L is knocking with less than 2K miles," one owner wrote on the Internet site www.pistonslap.com, which is dedicated to the case and was started by one of the plaintiffs.
The state suit includes engines installed in 1999-2002 pickups and SUVs, Peters said.
GM has called the problem a "tick" -- saying it disappears after a few seconds after the engine warms up. But some owners say while the sound does subside quickly, it never disappears.
Aside from the noise, owners complain the vehicles use an excessive amount of fuel, and that resale value is adversely affected.
The publishers of the Kelley Blue Book, a vehicle buying guide, estimate that piston slap could lower the trade-in value of a vehicle by $4,000 to $6,000.
Some owners say when they take their pickups or SUVs in for service at dealerships, they have been offered free oil changes or an extended warranty, or they've been told the engine is normal.
Peters says he has filed class action suits in various state courts in the event the federal suits are not granted class action status.
"If we are not successful with a national class action we will be successful with state class actions on a state by state basis, so we have hedged our bets," Peters said.
In addition to seeking damages, the plaintiffs are asking GM to replace the engines or buy back the vehicles, claiming the automaker knew about the problem before the vehicles were sold and did not inform consumers.
The automaker plans to vigorously defend itself against the claims. The National Highway Traffic Safety Administration does not track piston slap complaints since the problem is not a safety issue.
You can reach Ed Garsten at (313) 223-3217 or egarsten@detnews.com.
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