A citizen and resident of Silver Creek, N.Y. filed a General Motors ignition switch failure lawsuit in a New York federal court on Feb. 26, 2018.

The plaintiff, Frederick B., alleges head and neck injuries secondary to ignition switch failure and airbag deployment failure while driving a 2006 Pontiac Grand Prix.

The car accident in which the ignition switch failure and airbag deployment failure supposedly happened occurred on April 3, 2012. Frederick B. says he was driving the Grand Prix on Southwestern Boulevard in Irving, N.Y. when he had this accident.

The named defendant in this ignition switch failure lawsuit in General Motors LLC–sometimes referred to as “New GM” following bankruptcy proceedings a few years ago. General Motors is organized under the laws of the state of Delaware and is headquartered in Detroit, Mich.

New GM is, according to the legal documentation, a post-bankruptcy corporation that rehired some “Old GM” employees and counsel that allegedly knew of problems with the key systems of some of its vehicles prior to filing bankruptcy.

The knowledge of potential ignition switch failure by this group of employees and in-house counsel was reportedly affirmed in a bankruptcy court decision on April 15, 2015.

The factual section of the ignition switch failure lawsuit claims that Old GM did not recall vehicles affected by key system defects or attempt to remedy or warn would-be purchasers or owners of the cars of these problems.

Additionally, the section purports a definite effort on GM’s part to hide the defects from the public. While New GM has accepted liability for accidents occurring because of the defect after the bankruptcy date, there has allegedly also been efforts to similarly suppress information.

What is the Nature of “Old GM” Key System Defects?

The key system defects that were known by Old GM and inherited by the new formulation of the company are trifold in nature. The first and most potentially problematic feature is that the keys in the affected vehicles are known to switch while the car is being driven from a run position to an off position with little to no driver intervention.

What follows this switching is engine and power steering failure followed by an automatic deactivation of all powered safety mechanisms such as airbags and seat belts.

The second part of these key system defects is that the locking module on the steering column is located very low and allows for accidental bumping by the driver of the key. This bumping has been linked to the ignition switching to the off position, but it is not always the cause.

Finally, the vehicles come with a key that has a slot for a chain. This slot allows for a low-hanging chain that also puts the danger of bumping the ignition into an off position more likely.

The Plaintiff’s Case

Frederick B. alleges that because of these key system defects he has sustained head and neck injuries that will continue to cost him in loss of enjoyment of life, continued pain and suffering, and expenses related to medical treatment. He is bringing four counts against the defendant:

Count 1: Strict Liability, Count 2: Negligence; Count 3: Fraudulent Misrepresentation/Concealment; Count 4: Breach of Implied Warranty.

He is asking for a trial by jury with a favorable decision on his behalf that includes actual, compensatory, and exemplary damages. As part of these damages, he hopes for a return of all attorney and court fees as well as prejudgment and post-judgment interest.

The Ignition Switch Failure Lawsuit is Case No. 1:18-cv-01725-JMF in U.S. District Court for the Southern District of New York.