KANSAS CITY — A class-action lawsuit against O’Reilly Auto Parts and a tractor hydraulic fluid manufacturer may move to federal court.
The auto parts store, its subsidiarys and Omni Specialty Packaging requested the removal from Cass County Circuit Court on Aug. 30. O'Reilly Auto Parts says the class-action could involve thousands of people with potential monetary damages of more than $5 million – two arguments for removal to a higher court.
Two customers, Joe Miller and Kenny Higgs, filed the class-action lawsuit on July 18, alleging the companies' product -- O’Reilly 303 Tractor Hydraulic Fluid -- was defective and damaged consumers' equipment.
The plaintiffs claim the companies violated the Missouri Merchandising Practices Act, breached an implied warranty, and fraudulently misrepresented the product.
According to court documents, the total net sales of the hydraulic fluid between July 2013 and July 2018 was more than $2.55 million. Punitive damages could reach more than $13.5 million.
O'Reilly Auto Parts is based in Springfield. The company has more than 5,000 stores spread across 47 states.
Omni Specialty Packaging, based in Louisiana, is the leading supplier of automotive lubricants in the United States.
U.S. District Court for the Western District of Missouri, Case number 4:18-cv-687