Los Angeles, CA: Mazda is facing a defective automotive class action lawsuit filed by customers who allege the automobile manufacture failed to honor is warranties by not repairing flooded engines in RX-8s with a known defect.
File by Plaintiff Christina Paschal, the lawsuit, Paschal v. Mazda Motor of America, Inc., case number 8:14-cv-00594, in the U.S. District Court for the Central District of California, alleges Pashcal experienced engine flooding problems on multiple occasions before her Mazda RX-8s' engine failed completely.
Paschal claims her used 2004 Mazda RX-8 suffered initial engine failure in July 2009, then again in July 2010. Allegedly, Mazda paid for some but not all the necessary repairs, even after it extended its warranty in response to the defect, which Mazda previously had disclosed, the lawsuit states.
Specifically, Paschal claims Mazda wouldn't pay for the spark plugs following the July 2010 engine failure, which the company knew to be part of the problem, however it did pay for new ignition coils under the warranty. She believes that of 69,249 warranty claims Mazda granted up to October, the company failed to replace or pay for spark plugs as part of the repair in 33,419 cases, according to the lawsuit.
Therefore, the lawsuit claims, "plaintiff and the other owners and lessees of Class Vehicles have been harmed and have suffered actual damages,"the complaint said. Those plaintiffs "have incurred, and will continue to incur out of pocket unreimbursed costs and expenses relating to the Engine Defect, or not be provided the full benefits of Mazda's extended engine core warranty, including being provided with new spark plugs as part of the repair."
Paschal seeks to represent all California residents who bought a Mazda RX-8 between 2004 and 2008 that was manufactured, distributed and sold by Mazda Motor of America or any of its subsidiaries or affiliates, the complaint said. The suit estimates that at least 50,000 vehicles are within the class.
Those particular vehicles are vulnerable to engine flooding, or to having their spark plugs flooded with fuel. The problem is caused by a defect in the Mazda RX-8 rotary engines, and was the subject of a technical service bulletin Mazda issued in 2004, the lawsuit states. "When the engine floods, it will not start. Costly repairs are then necessary in order to restore a class vehicle to operational condition,"according to the complaint.
Paschal claims Mazda's alleged actions violated the California Secret Warranty Law and California's unfair competition law and that the automaker breached its warranty with consumers. Paschal is represented by Stephen M. Harris of Knapp Petersen & Clarke and attorney Robert L. Starr
