— A Honda class action lawsuit alleges a head gasket recall should be issued due to engine problems, but Honda argues the lawsuit should be tossed in the trash.
The Honda head gasket class action lawsuit includes the following vehicles if equipped with 1.5-liter or 2.0-liter i-VTEC turbocharged gasoline direct injection engines:
- 2018-2022 Honda Accord
- 2016-2022 Honda Civic
- 2017-2022 Honda CR-V
- 2021-2022 Acura RDX
- 2019-2022 Acura TLX
However, the lawsuit only includes current and former owners or lessees of a vehicle purchased or leased in California, Florida, New Jersey, Minnesota or Pennsylvania.
According to the lawsuit, coolant builds up in the cylinder head grooves, destroys the head gasket, and coolant leaks into the cylinders.
An engine needs coolant to prevent overheating, but the class action says a destroyed head gasket will cause overheating and even fires. An i-VTEC engine can also misfire and lose power due to head gasket problems when coolant leaks into the pistons.
Without a Honda head gasket recall, owners are allegedly stuck with expensive repairs to continue driving their vehicles. Additionally, the plaintiffs complain Honda knew or should have known about the head gasket and engine problems before the vehicles were even built and sold.
Motion to Dismiss the Honda Head Gasket Lawsuit
Honda begins by reminding the judge all the plaintiff's vehicles lasted more than 81,000 miles and many years without any problems, yet the plaintiffs want Honda to return the entire purchase price of their vehicles.
And not only did all the vehicles last more than 81,000 miles before any problems occurred, Honda argues the plaintiffs never allege Honda could not perform repairs or refused repairs.
According to Honda, the plaintiffs want a vehicle that lasts forever with a lifetime warranty, but that wasn't the agreement when they purchased the vehicles.
Honda calls the head gasket lawsuit allegations implausible, vague and conclusory, and the judge should allegedly dismiss the class action entirely.
Honda is referencing how the plaintiffs say they reviewed the window stickers and spoke with "one or more sales representatives” about “various features, benefits, and attributes" of the vehicles. But Honda supposedly failed to inform consumers about the alleged head gasket and engine problems.
However, Honda argues the court requires a plaintiff to “plead with specificity any affirmative statement" concerning the alleged head gasket and engine problems.
"They [the plaintiffs] allege that before their purchases, they viewed 'promotional materials,' 'the Monroney sticker,' and 'sales brochures.' But they do not specify 'what the false statements [in these materials] were, which false statements [they] relied upon, and why the statements were false and misleading.'” — Honda's motion to dismiss
The plaintiffs assert Honda knew of the head gasket and engine problems because it “has likely received thousands of engine Defect warranty claims.” But Honda argues such general allegations are not proof Honda knew about any alleged defect.
The plaintiffs also claim Honda's internal investigations prove the automaker knew about alleged head gasket problems, but Honda argues the communications occurred after the plaintiffs bought their vehicles, "and are thus irrelevant."
In addition, the class action lawsuit alleges on “information and belief” that Honda knew of engine issues because it monitors third-party websites where complaints appear. However, Honda says there are no facts to support such a "belief."
As for alleged warranty violations, the head gasket and engine allegations involve supposed design defects that are not covered by the warranties.
And implied warranty claims should allegedly be dismissed because no plaintiff claims the head gasket and engine problems occurred during the express warranty periods. Honda further argues multiple claims are barred by the statute of limitations because the plaintiffs waited too long to file their head gasket class action lawsuit.
And according to Honda, the plaintiffs may not represent a class of consumers for claims based on products they never purchased.
The Honda head gasket class action lawsuit was filed by these customers:
- Chris Bissell / California / 2018 Honda Accord
- Cindy Massey / New Jersey / 2020 Honda Accord
- James Orton / Pennsylvania / 2018 Honda Accord
- Christopher Vucovich / Florida / 2018 Honda Accord
- Lisa Kiedrowski / Minnesota / 2018 Honda CR-V
The Honda head gasket class action lawsuit was filed in the U.S. District Court for the Southern District of California: Chris Bissell v. American Honda Motor Co., Inc., et al.
The plaintiff is represented by Blood Hurst & O'Reardon, LLP, and Beasley, Allen, Crow, Methvin, Portis & Miles, P.C.