GM Class Action Says Chevrolet, GMC Braking Systems Are Defective

According to a recent class action lawsuit, GM brakes are defective and can fail on drivers suddenly and unexpectedly – leading to potential accidents and injury.

Plaintiffs Scott and Samantha Peckerar claim that General Motors’ braking system features a defective design which is “prone to sudden and unexpected loss of vacuum in the brake booster.”

A vacuum brake booster is part of the braking system which assists in the process. A bad vacuum brake booster can cause the brake pedal to “push” back against the driver’s foot and prevent effective braking.

The vehicles affected by the alleged defect include model year 2015 to present Cadillac Escalades, 2014 to present Chevrolet Silverados, 2015 to present Chevrolet Suburbans, 2015 to present Chevrolet Tahoes, 2014 to present GMC Sierras, and 2015 to present GMC Yukon/Yukon XLs.

In January 2017, the Peckerars say they purchased a new 2017 Chevrolet Suburban from their local General Motors dealership. In April 2017, maintenance on the vehicle revealed a leak in the engine oil and a failed vacuum brake pump.

At this time, the warranty covered the repair to the GM brakes. However, the repairs allegedly failed to fix the issue.

In April 2018, Mrs. Peckerar was driving the vehicle and claims to have experienced sudden, abrupt brake failure. She pressed her brake pedal to stop the car, but the brake pedal became hard and would not brake the vehicle. This allegedly resulted in a collision with the car in front of her.

Concerned for her family and vehicle, she reported the issue to her General Motors vehicle. An investigator was sent out to examine the car but told them that they found no issue with the braking system.

Additionally, the GM representative allegedly attempted to pressure the family into signing a liability release and confidentiality agreement in exchange for repairing the issue.

“Plaintiffs were unsatisfied by GM’s refusal to diagnose the brake failure that caused the collision and brought the vehicle to Paradise Chevrolet for further inspection. Unlike GM’s corporate representatives, the GM dealership drove the vehicle to confirm what Plaintiffs already knew—there was a problem with the Suburban’s brakes,” the GM brakes class action claims.

Consumers have allegedly made extensive reports of the GM brakes defect to the National Highway Traffic Safety Administration (NHTSA). These complaints are automatically entered into a database where they are accessible to General Motors.

Despite having access to the complaints and being aware of the GM brake defects, the company allegedly “continues to suppress and conceal this knowledge and has failed to disclose that its Class Vehicles’ braking systems are defective and dangerous.”

The plaintiffs claim that General Motors’ actions are in violation of California’s Unfair Competition Law, Consumer Legal Remedies Act, and Song-Beverly Consumer Warranty Act.

The Peckerars seek to represent a Class of consumers who purchased or leased in California a 2015 or newer Cadillac Escalade, 2014 or newer Chevrolet Silverado, 2015 or newer Chevrolet Suburban, 2015 or newer Chevrolet Tahoe, 2014 or newer GMC Sierra, or 2015 or newer GMC Yukon/Yukon XL.

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

Plaintiffs are represented by Paul R. Kiesel, Jeffery A. Koncius, and Nicole Ramirez of Kiesel Law LLP; F. Jerome Tapley, Ryan Lutz, and Adam W. Pittman of Cory Watson PC; James C. Wyly and Sean F. Rommel of Wyly-Rommel PLLC; and Clay Barnett of Beasley Allen.

The GM Brakes Class Action Lawsuit is Peckerar, et al. v. General Motors LLC, Case No. 5:18-cv-02153, in the U.S. District Court for the Central District of California.

UPDATE: The Vehicle Safety Defect Investigation is now open! If you own a vehicle that has a safety defect and you believe it should be covered by the warranty and it’s not, submit your information here.