GM Wants ‘Chevy Shake’ Class Action Dismissed

General Motors has asked a federal judge to dismiss a class action lawsuit filed by a consumer who claims that certain Chevrolet, Cadillac and GMC vehicles shake while traveling at highway speeds.

Plaintiff Douglass Weiss claims in his class action lawsuit filed in April of this year that the shuddering occurs in the Chevrolet Silverado as well as other General Motors trucks and SUVs. 

The GM class action states that the shaking that occurs in the drive shafts of these vehicles is so common that it’s often referred to as the “Chevy shake.”

General Motors’ motion to dismiss states that “Plaintiff claims he and everyone else in the United States who purchased or leased a Silverado manufactured in the last five years is entitled to cost-free repairs because every single Silverado allegedly has the same defectively designed driveshaft.”

General Motors also asserts that Weiss did not bring his truck into the dealership during the warranty period, thus negating his express warranty claim. In addition, his implied warranty claim should be moot because he does not have “privity” with General Motors and that he has used the truck for many years despite having an alleged defect.  

General Motors argues that, “Although the Complaint characterizes the vibration as ‘violent’ and ‘aggressive,’ Plaintiff admits that he waited nearly a year and a half before attempting to diagnose and fix the alleged issue.”

Also, the General Motors motion to dismiss states that the plaintiff’s Florida’s Deceptive and Unfair Trade Practices Act (FDUTPA) does not hold water “because he has not alleged that he relied upon any GM representations.”

The motion to dismiss claims that Weiss is not in a position to represent a Class of purchasers for all of the vehicles discussed in the GM Chevy Shake class action lawsuit.  

In addition, General Motors argues that the plaintiff “lacks standing to represent non-Florida purchasers regardless of which model vehicle they purchased.”

The General Motors Chevy Shake motion to dismiss notes, “Plaintiff seeks to represent not only purchasers of other 2015 Silverado 1500 pickup trucks (the only product he alleges he purchased), but also purchasers of different types and model years of Silverados, Tahoes, Suburbans, Sierras, Yukons/Yukon XLs, and Escalades…Under established case law, Plaintiff does not have standing to bring claims involving these different vehicle models.”

General Motors’ Chevy Shake motion to dismiss states that the plaintiff could not argue that Silverado trucks manufactured over a six year period are “materially identical” such as to be considered the same product.

Regarding the implied warranty claim, the motion to dismiss asserts, “It is well-established under Florida law that a purchaser cannot pursue a breach of implied warranty claim against a product manufacturer when he does not purchase the product directly from the manufacturer.”

The plaintiff has filed this Chevy Shake class action lawsuit alleging violation of the Magnuson-Moss Warranty Act for “all persons who purchased or leased a Class Vehicle” and Florida’s Deceptive and Unfair Trade Practices Act “on behalf of a putative class of Florida purchasers and lessees of Class Vehicles.”

Weiss is represented by F. Jerome Tapley, Hirlye R. “Ryan” Lutz, III and Adam W. Pittman of Cory Watson PC, and by Nicholas A. Migliaccio and Jason S. Rathod of Migliaccio & Rathod LLP.

The GM Chevy Shake Class Action Lawsuit is Weiss v. General Motors LLC, Case No. 1:19-cv-21552-RNS, in the U.S. District Court for the Southern District of Florida, Miami Division.

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