A proposed class action has been filed in New Jersey state court against BMW North America LLC over an alleged defect with the S65 engines found in certain M3 vehicle models.
According to the lawsuit, 2008 to 2013 model year BMW M3 S65 engines suffer from a “rotating assembly defect.” The suit explains that when the connecting rod bearings and main bearings in the affected engines begin to fail, metal debris can find its way into the engine oil and then circulate throughout the engine. The alleged defect, which the case claims typically manifests “during and shortly after the limited warranty period has expired,” can supposedly cause catastrophic engine failure. Further, the suit adds the insufficient oil lubrication in S65 engines caused by the alleged defect can lead to affected engines stalling while a vehicle is being operated.
The complaint expands on how the supposed defect can impact crucial vehicle operation systems:
“In particular, the vehicle’s hydraulic power steering is driven directly by the rotating assembly of the engine and, thus, a failure of the engine rotating assembly will cause a sudden and complete loss of power steering, significantly impairing the driver’s control of the vehicle. Upon information and belief, the braking systems within the Class Vehicles will also suffer a loss of power assistance when the defect manifests. This exposes the driver and occupants of the Class Vehicles, as well as others who share the road with them, to an increased risk of accidents, injuries, or death. In addition, catastrophic engine failure frequently results in a physical hole in the engine block, causing hot engine oil to escape, resulting in a fire and/or or [sic] the dramatic loss of traction for the Class Vehicle itself or other vehicles on the roadway.”
Despite having known of the rotating assembly defect for some time, BMW allegedly concealed the problem from consumers, going so far as to “refuse to disclose” its existence as vehicles were continually brought in for service for substantially similar issues.