Amanda Antell  |  December 22, 2014

Category: Consumer News

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GM ignition switch recall class action lawsuitIn the most recent drama over the General Motors ignition switch defect, the company is asking a New York federal court to limit the discovery process of the litigation movement. While GM is willing to submit discovery materials related to defective ignition switch claims, the company is not willing to turn over years’ worth of employee records related to last year’s massive General Motors recall.

In a previous wrongful death suit, GM stated that it only wishes to produce records pertaining to the ignition switch complications, while the plaintiffs want more. Plaintiffs Ken M. and Beth M. are suing General Motors for the wrongful death of their daughter, who lost her life in 2010 when the ignition defect allegedly caused her Chevrolet Cobalt to fail.

According to the wrongful death lawsuit, the key in the ignition barrel had shifted from the “run” position to the “off” position, as seen in similar GM ignition switch defect claims. The grieving parents have already settled their original claims against GM last fall, during which they claimed the automaker’s claim of knowing nothing about the ignition switch in the 2006 vehicle.

However, the couple filed legal action against GM again to rescind their previous settlement, arguing that the deal had been suggested under misleading terms, as the couple had allegedly not been aware of certain evidence. As part of the renewed GM lawsuit, the plaintiff couple requested that GM produce their annual performance evaluation records for employees from 2010 to the present.

While GM has been cooperative for the wrongful death claims, the company is vehemently fighting against this request. According to a joint document drafted by both parties, the request remains in progress and it is not known if GM will be made to follow through with the request. According to the lawyers representing the parties, their clients have agreed in all other aspects of the litigation process.

The GM Ignition Switch Lawsuit is In re: General Motors LLC Ignition Switch Litigation, Case No. 1:14-md-02543, in the U.S. District Court for the Southern District of New York.

Overview of GM Ignition Switch Defect Lawsuit

The plaintiffs of this GM ignition switch defect lawsuit wanted the employment records of one of GM’s lead ignition switch engineers, Ray D., who had previously testified under oath that he had not known about the defective ignition switches. A congressional investigation conducted in March 2014 revealed that Ray had personally signed off using older parts for the ignition switches in 2006.

Since his involvement was discovered, Ray has since been fired from GM, but the American automaker has stonewalled any efforts to obtain company documents that would possibly demonstrate if any other engineers approved the change. This would allow the plaintiff couple to settle their case without going to trial, as this evidence would provide additional insight into the victim’s death.

During the GM recall court proceedings, it was discovered that the defective ignition switches had consisted of older parts, which had not been revised to handle the excess weight of key chains and other attachments. This very feature had caused to the keys to suddenly turn into the off position inside the barrel, which would suddenly shut off the engines. Consequently, the safety features of the vehicles had also been shut off, including the airbags and braking system.

The GM ignition recall affected more than 1.6 million vehicles across the United States, which included the Chevrolet Cobalt, Chevrolet Pontiac, Chevrolet HHR, Pontiac Pursuit, Pontiac Solstice, Saturn Ion, Saturn Sky, and more.

Do YOU have a legal claim? Fill out the form on this page now for a free, immediate, and confidential case evaluation. The GM recall attorneys who work with Top Class Actions will contact you if you qualify to let you know if an individual lawsuit or GM class action lawsuit is best for you. [In general, GM ignition switch lawsuits are filed individually by each plaintiff and are not class actions.] Hurry — statutes of limitations may apply.

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