— A BMW oil consumption class action lawsuit may finally be over after a California 550i owner filed a suit which alleges he must constantly add oil to keep the vehicle running.
California plaintiff Robert Smothers says he noticed excessive oil consumption problems in 2012, but multiple dealer visits allegedly did nothing to help his 2012 BMW 550i.
According to the oil consumption class action, the plaintiff paid about $9,000 for repairs and eventually asked BMW to repurchase the vehicle. The automaker denied that request and the plaintiff responded by filing the lawsuit.
In a motion to dismiss the class action, BMW argued the plaintiff failed to file the lawsuit within the statutes of limitations which meant the class action should immediately be dismissed. The district court judge agreed and granted BMW's motion to dismiss.
However, the plaintiff appealed to the U.S. Court of Appeals for the Ninth Circuit.
Smothers testified he knew of the alleged oil consumption problem as early as May 2012 and argued BMW technicians had not fixed the problem after multiple visits to the BMW dealership by December 2013.
The appeals court ruled that even if Smothers did not know the precise nature of the problem, he could have explicitly talked to technicians about the oil consumption which would have "shed light on the inquiry."
Based on the statutes of limitations, Smothers’ claims were untimely as of December 2017, but he filed his lawsuit in May 2018.
The BMW oil consumption class action lawsuit was filed in the U.S. District Court for the Southern District of California, and appealed to the U.S. Court of Appeals for the Ninth Circuit: Smothers, et al., v. BMW of North America, LLC.
