Hyundai Kia Engine Defect Class Action Lawsuit Dismissed

Hyundai and Kia vehicles reportedly have defective 1.6 liter gamma GDI engines that cause fires.

May 15, 2021 – A class action lawsuit over a Hyundai Kia engine failure was dismissed after plaintiffs failed to claim the 1.6-liter Gamma GDI engines were defective. The class action lawsuit alleges that the gamma engines are causing sudden stalling, excessive oil consumption, engine failures and fires in these Hyundai and Kia vehicles.

  • Hyundai Accent since 2010

  • 2018 Hyundai presents Kona

  • 2010-2020 Hyundai Elantra

  • 2012 Hyundai presented Veloster

  • 2009 Hyundai presented Tucson

  • 2012 Kia presented Rio

  • 2010 presented Kia Soul

  • 2019-2020 Kia Forte

  • 2017 Kia presented Sportage

The 1.6-liter gamma direct-injection gasoline engines were designed to produce more power with less fuel, ostensibly to allow Kia and Hyundai to meet state fuel efficiency standards.

Plaintiffs claim that a gamma engine experiences even higher pressure due to its relatively smaller size compared to other 4-cylinder GDI engines. And the engine control unit software must be precise as the GDI engine requires the fuel valve to spray atomized fuel directly into the combustion chamber.

Plaintiffs allege that Hyundai and Kia were forced to meet requirements during production and consequently made mistakes in the engine blocks, pistons, bearings and programming of the control modules.

According to the class action lawsuit, Hyundai and Kia knew as early as 2009 that the gamma engines had alleged defects that caused fires.

The class action lawsuit alleges that Hyundai and Kia failed to repair the engines under warranty and did not permanently repair or replace the allegedly defective engines.

The owners of Hyundai and Kia filed the class action lawsuit on behalf of all U.S. consumers who bought or leased vehicles with 1.6-liter gamma engines.

Hyundai Kia motor defective class action dismissed

In a motion to dismiss, Hyundai and Kia argue that the entire lawsuit should be dismissed as plaintiffs are not making a claim as the lawsuit does not allege a defect.

Specifically, Hyundai and Kia say the class action lawsuit is “to blame”[s] All alleged engine problems are due to an alleged deterioration in manufacturing and assembly quality, not an inherently flawed design. “

The lawsuit allegedly does not describe any specific defect that can be traced back to the allegedly poor manufacturing quality. In addition, the lawsuit alleges that several negative symptoms are due to engine failure. However, plaintiffs allegedly fail to explain how these symptoms stem from a common cause.

Without that, Hyundai and Kia would not have been able to detect any alleged engine failure.

Judge Josephine L. Staton ruled that plaintiffs did not allege that “any particular design, component, mechanism, or function within the gamma motors is defective”.

Instead, plaintiffs claim the gamma engines are “prone” to “stalling and engine burns”, “excessive oil consumption” and “premature engine failure”. However, the judge found that these “generalized and diverse symptoms do not alert the accused to a specific defect”.

Judge Staton dismissed the entire class action lawsuit against Gamma Motors, but granted plaintiffs the right to change the lawsuit.

The class action lawsuit against Hyundai Kia for engine failure was filed in the US District Court for the Central District of California: Sara Pelayo et al., Against Hyundai Motor America, Inc. et al.

The plaintiffs are represented by Consumer Litigation Associates, PC and Berger Montague PC.

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