— A Mazda valve stem seal settlement should allegedly be good enough for a judge to dismiss a nearly identical Mazda oil consumption class action lawsuit.
According to the Mazda lawsuit, these vehicles are equipped with defective valve stem seals that cause owners to constantly add oil.
- 2021 Mazda CX-30
- 2021 Mazda CX-5
- 2021 Mazda CX-9
- 2021 Mazda Mazda3
- 2021 Mazda Mazda6
Engine oil allegedly leaks into the combustion chambers due to the valve stem seals.
North Carolina Francis J. Farina purchased a new 2021 Mazda6 but complains his vehicle consumes excessive amounts of oil, but Mazda refuses to issue a valve stem seal recall to repair the vehicles.
The plaintiff says Mazda issued technical service bulletin 01-012/21 to dealerships regarding low oil levels, telling dealers the problems began "after a valve stem seal modification, it is very likely that valve stem seal damage is causing oil to leak into the combustion chamber."
In addition to filing suit against Mazda, he also sued 544 Mazda dealerships across the country.
Motion to Dismiss the Mazda Valve Stem Seal Lawsuit
Mazda argues two other valve stem seal class actions had already been filed when Farino filed his lawsuit in January 2023. The Farino class action was stayed (paused) because a separate valve stem seal class action (Guthrie v. Mazda) was already proceeding in court.
Mazda said Farina's claims could be resolved sooner through the Guthrie class action.
The Guthrie parties reached a proposed nationwide Mazda valve stem seal settlement that was eventually granted final approval, but Mazda says Mr. Farino complained and objected to the terms of the Guthrie settlement.
"Despite his complaints, Farina did not opt-out of the Guthrie settlement. The Guthrie court rejected Farina’s objections in full and finally approved the settlement, which has been incorporated into a final judgment and order that is enforceable against Farina as both an injunction on continued litigation and a complete release of his claims here."
Mazda says the Farina class action must be dismissed entirely because he is a class action member of the Guthrie Mazda valve stem seal settlement. And by not opting out of the settlement, Farina allegedly released his right to sue for the same Mazda valve stem seal problems.
The Mazda valve stem seal lawsuit was filed in the U.S. District Court for the Western District of North Carolina (Charlotte Division): Francis J. Farina v. Mazda Motor of America, Inc., et al.
The plaintiff is represented by the DiGuiseppe Law Firm, P.C., and McLeod Brunger PLLC.