General Motors class action over engine defect dismissed

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Update:

• In 2020, Judge Dora Lizette Irizarry decided to dismiss a General Motors class action claiming Chevy Malibu vehicles have an engine defect that causes them to reduce power abruptly.
• Judge Irizarry agreed to dismiss plaintiff Mark Rothschild’s declaratory and injunctive relief claims, as well as those for breach of express warranty, Magnuson-Moss Warranty Act violations, unjust enrichment and GBL § 349 deceptive practices involving the warranty, saying, “plaintiff fails to allege a real or immediate threat of future injury.”
• However, the judge did not grant GM’s request to dismiss putative nationwide class claims because Rotschild did not move to certify a nationwide class.

(Sept. 16, 2019)

A GM class action claims Chevy Malibu vehicles have an engine defect that causes them to reduce power abruptly.

Thousands of 2016 to 2018 Chevy Malibu vehicles allegedly have a defective electronic throttle control and accelerator pedal position sensor.

Electronic throttle control is in charge of controlling the powertrain of the vehicle, connecting the accelerator pedal to the throttle in an electronic manner.

These components are reportedly defective and cause the Chevy Malibu vehicles to suddenly drop in power, “often at interstate highway speeds.” Vehicles may show an “Engine Power is Reduced” warning on the dashboard display.

According to the GM engine defect class action, plaintiff Mark Rothschild purchased a 2017 Chevrolet Malibu in September 2017. In March 2018, while driving at highway speed, Rothschild’s vehicle allegedly displayed an “Engine Power is Reduced” warning and reduced speeds to around 20 mph.

“Mr. Rothschild luckily navigated his vehicle to a safe place out of traffic but feared for his safety,” the GM class action states.

Rothschild reportedly brought his vehicle to a GM dealership where the accelerator pedal was replaced under warranty. However, a year later, Rothschild’s vehicle allegedly experienced the defect once again.

This time, the dealership allegedly refused to cover the cost of repairs. Rothschild says he complained to GM corporate but was not given any assistance. In the end, Rothschild was reportedly forced to pay almost $200 to replace his accelerator pedal again by a different mechanic.

Rothschild experienced the defect one more time in July 2019. He brought the vehicle back to the mechanic and had the pedal replaced for a third time, this time under warranty.

“Mr. Rothschild has never received a reimbursement for his out of pocket expenses or his lost time spent in attempting to have the Engine Power Reduced defect repaired,” the GM class action claims.

General Motors class action alleges company knew about defect

Numerous consumers have allegedly complained about the engine defect and reduced power problem. Through these complaints, GM reportedly knew about the defect but failed to inform consumers and recall the vehicle parts. Instead of informing consumers of the defect, GM allegedly concealed the issue.

“Despite its knowledge, GM has failed to recall the inherently dangerous electronic throttle control and/or accelerator pedal position sensors or reimburse vehicle owners for the inevitable failure of this critical part,” the GM class action claims.

In his GM class action, Rothschild seeks to represent a Class of consumers who purchased or leased a Chevrolet Malibu from model years 2016 to 2018. He also seeks to represent a subclass of the same consumers from New York.

The GM engine defect class action lawsuit seeks actual damages, statutory damages, punitive damages, disgorgement, restitution, interest, court costs, and attorneys’ fees.

Did you experience the alleged GM engine defect in your own 2016 to 2018 Chevy Malibu? Share your experiences in the comment section below!

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

The dismissed General Motors engine power class action lawsuit is Rothschild v. General Motors LLC, Case No. 1:19-cv-05240, in the U.S. District Court for the Eastern District of New York.

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