GM class action over Chevy Malibu defect dismissed

Update:

• In January 2022, Judge Paul W. Grimm approved a dismissal with prejudice in a class action lawsuit against General Motors that alleged the company hid a defect in its Chevy Malibu that can cause a sudden and dangerous loss of power.
• Judge Grimm ruled that while Plaintiff Katrina Hutchinson claimed she was “at risk of future harm” and had standing to seek injunctive relief based solely on the possibility the pedal sensor in her vehicle might fail again in the future, she failed to acknowledge “that this possibility is too remote and speculative to establish a real or immediate threat of future injury as is required.” 
• Hutchinson had alleged she and other Malibu owners experienced unexpected deceleration because of the defect and claimed GM knew but hid the problem from consumers.

(May 30, 2019)

A class action lawsuit against General Motors alleges the company hid a defect in its Chevy Malibu that can cause a sudden and dangerous loss of power.

According to the GM class action, the defect lies in the electrical sensors in the Chevy Malibu accelerator system in 2016 through 2018 models.

Lead plaintiff Katrina Hutchinson says she and other Malibu owners have experienced unexpected deceleration because of the defect — and that GM knew, but hid the problem from consumers.

“This action arises from the sale or lease of thousands of 2016 to 2018 Chevy Malibu vehicles throughout Maryland and the United States manufactured by Defendant GM that are equipped with a defective electronic throttle control and/or accelerator pedal position sensor that cause the vehicles to abruptly lose power, often at interstate highway speeds,” the Chevrolet class action lawsuit alleges.

Hutchinson alleges she experienced loss of power, slowing her car to 20 mph on a busy freeway, while she was driving her Chevy Malibu in 2017.

According to the Chevy class action, the dashboard on the plaintiff’s Malibu stated “Engine Power is Reduced” during the slow down. Fortunately, Hutchinson was able to safely navigate out of traffic, but she says it was a dangerous situation.

“This is a major safety concern because drivers have reported that the defect can cause a loss of control or a rear end accident from vehicles following behind them,” the Chevy Malibu class action lawsuit alleges.

The plaintiff says she brought her vehicle to the dealership after the incident and a sensor pad was replaced; however, she experienced the same problem a year later.

According to the Chevy Malibu class action lawsuit, GM knew of the defect but failed to issue a recall or even notify consumers.

“GM sold, leased, and continues to sell and lease the Class Vehicles despite its awareness of the defect,” the General Motors class action says. “GM chose and continues to choose financial gain at the expense of consumers by concealing and omitting a disclosure of this critical powertrain component and potential safety hazard to consumers who purchase or lease Class Vehicles.”

The Chevy Malibu class action lawsuit points out that numerous consumer complaints as well as National Highway and Traffic Safety Administration Office of Defects Investigation (NHTSA-ODI) reports notified the car maker of the problem.

“NHTSA-ODI reports scores of complaints consistent with the symptoms of the Engine Power Reduced defect in Class Vehicles and multiple similar complaints for similar 2013 – 2015 Malibu vehicles,” contends the Chevrolet class action.

“These consumer complaints filed with the NHTSA are delivered to GM, reviewed by GM, and analyzed by GM’s engineers. GM received and was aware of these consumer complaints.”

The Chevy Malibu class action lawsuit seeks to represent a nationwide class of owners and lessees of model year 2016 to 2018 vehicles, along with a Maryland subclass.

Did you experience of loss of power while driving your Chevy Malibu? Let us know in the comments below.

Hutchinson and the proposed class are represented by Nicholas A. Migliaccio, Jason S. Rathod and Esfand Y. Nafisi of Migliaccio & Rathod LLP, and Daniel Levin and Nicholas Elia of Levin Sedran & Berman.

The Chevy Malibu class action lawsuit is Hutchinson v. General Motors LLC, Case No. 8:19-­cv­-01551, in the U.S. District Court for the District of Maryland.

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