Navistar Facing Another EGR Engine Suit

August 31, 2017
At issue in the lawsuit are 2010-2012 MaxxForce 13-litre EGR-equipped engines

Three companies have filed suit in Cook County against Navistar, claiming breach of warranty on 2010-2012 MaxxForce 13-litre EGR-equipped engines they had purchased.

The three  Illinois companies, Williams National Lease of Normal, Patron Transport Company of Elk Grove, and Atlas Leasing Inc. in Elk Grove, were part of a group lawsuit filed in 2015 against Navistar. That group suit was dismissed by the court but allowed individual companies to file again separately. On August 22, 2017 each filed individual suits in Cook County. (Link to court listing here:)

According to a report in the Chicago Tribune, the companies purchased trucks with 13-liter MaxxForce EGR engines and were assured by Navistar and their dealers were in "perfect working order and without defect." However, soon the trucks' exhaust gas recirculation emission systems started breaking down, and efforts to fix the problems were not unsuccessful, the lawsuits allege, saying the systems recirculated exhaust gas back into the engines, reducing their efficiency and generating soot that also hurt the engines.

Earlier this month, a Tennesse court ordered Navistar to pay $31 million in damages for failing to disclose problems with its engines, in the first judgment against the truck maker from dozens of lawsuits filed for damages related to the MaxxForce EGR engines. Navistar says similar suits have been dismissed in other states but there are reportedly 20 or more complaints which remain active.

Williams, Patron and Atlas are each seeking a jury trial, $30,000 and court costs. Also named in the suits are truck dealers:

Rush Truck Centers - a subsidiary of Rush Enterprises, Inc.;  CIT, Inc., doing business as Chicago International Trucks, LLC; and Selking International.

Atlas Leasing will be heard by Judge Thomas Mulroy Jr. on October 16, 2017

Williams National Leases will be heard by Judge Raymond Mitchell on October 19, 2017

Patron Transport will be heard by Judge John Griffin on October 19, 2017

Navistar also faces class action lawsuits regarding the MaxxForce EGR engines in Canada and in U.S. federal courts.