Wednesday 12 December 2018

Judge orders BMW to hand over engine evidence

(stock photo)
(stock photo)

Tom Tuite

BMW Ireland has been ordered to hand over evidence in the first batch of civil actions taken by motorists suing over an alleged serious design fault in a range of cars with N47 engines.

John McConville, from Canal View, Clones Road, Monaghan town, Co Monaghan, has brought a civil action at Dublin District Court against BMW Automotive (Ireland) Ltd for €8,700 in damages.

The problem affected the timing chains on BMW models with N47 engines, Judge John Brennan heard.

In 2011, the plaintiff bought a 2008-reg BMW X5-series for €42,000. He claims significant damage was caused to his car when travelling on a motorway when it suddenly lost power. He had to take emergency measures and pull over.

He claimed there was a defective engine design that prevented inspection and maintenance of the timing chain and his car needed extensive repair.

It was among the first batch of up to 50 similar cases being prepared by solicitor Dermot McNamara for motorists affected by the timing chain problems in BMWs with N47 engines.

Barrister for the plaintiff Andrew Walker said BMW had tried to limit the amount of evidence on engine design and other vehicles that had been affected.

John O'Regan, counsel for BMW Ireland, resisted the plaintiff's request for the information on all models with N47 engines in Ireland and the UK, arguing that was a disproportionate request for a district court civil action.

The judge ordered BMW to provide the evidence about the engines in their cars sold in Ireland with the N47 engines as well as repairs carried out between 2008 and 2014.

The case was adjourned to September 25.

Irish Independent

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