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GM Corvette Engine Defect Class Action Lawsuit Overview:
- Who: General Motors has dodged a class action lawsuit filed by drivers who alleged the automaker sold Corvettes with defective engines.
- What: The Ninth Circuit ruled that the drivers did not have any evidence of the defect after the drivers filed expert testimony after the deadline.
- Where: The class action lawsuit was tossed in California federal court.
A class action lawsuit alleging that General Motors built a defect into the engines of its 2006 to 2014 Corvettes has been thrown out with the Ninth Circuit ruling that the drivers had no evidence of the alleged defect after their expert testimony was filed too late.
“Plaintiffs have failed to produce admissible evidence that their vehicles actually contained the alleged valve guide defects,” the Ninth Circuit panel wrote in its judgment. “As they concede, the only evidence of defect they provide is expert declarations. However, none of these declarations is admissible…because Plaintiffs failed to timely serve disclosure of expert witnesses.”
Seventeen California drivers filed the lawsuit in 2015 alleging that their Corvettes all had faulty valve guides that wear excessively, causing engine failure and costly repairs. In the claim, they said GM was aware of the problems but had failed to remedy the situation.
In November 2020, a district court awarded summary judgment in favor of General Motors Co. LLC, saying that none of the drivers’ expert declarations were admissible because they were filed past the deadline, Law360 reports. The panel’s ruling affirmed the earlier decision.
GM told the panel in an oral hearing that the drivers had no evidence of a defect nor of damages suffered.
“Throughout this litigation, the plaintiffs made a series of decisions which led to summary judgment,” Crowell and Moring LLP Attorney April N. Ross said. The firm is representing GM. “They ignored the district court’s scheduling order, they did not disclose experts to support allegations of a defect or damages and they ignored their own stipulations they could bring claims against GM.”
Counsel For Drivers Said Plaintiffs Were “Not In A Good Position”
Michael David Carr of Knapp Petersen and Clarke, counsel for the drivers, admitted to the panel the plaintiffs were “not in a good position” after they submitted the declarations after the trial court’s evidentiary deadline.
He said that the drivers could overcome the summary judgment if the panel allowed the expert declaration as a rebuttal to GM’s experts. However, the panel said that GM never submitted expert testimony and therefore there was nothing to refute.
GM is facing a separate class action lawsuit for allegedly selling 2013 Chevrolet Corvette 427 and 2006-2013 Chevrolet Corvette Z06 vehicles equipped with defective LS7 engines. Drivers allege in the lawsuit that the engines suffer from excessive valve guide wear, which makes them prone to frequent mechanical failure such as oil leaking under the vehicle, which can cause the rear tires to lose traction.
Do you own a Corvette? Tell us if you have ever had any issues with your engine in the comments section!
The drivers were represented by Michael David Carr of Knapp Petersen and Clarke.
GM was represented by April N. Ross of Crowell and Moring LLP.
The GM Corvette Engine Defect Class Action was the Estate of William D. Pilgrim et al. v. General Motors LLC, Case No. 20- 56073, in the United States Court of Appeals for the Ninth Circuit.
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2 thoughts onGM Corvette Engine Defect Class Action Tossed
My 2015 c7 corvette stingray with only 50 thousand miles engine went out I need help with getting it fixed
Our 2014 corvette engine lockup at 28000 miles. We only took it to the Chevrolet services dept. They would not give use a new engine because they said the warranty was up. Had to get a new engine this is so sad because we had to use our retirement savings. I wish I could do a lawsuit. We paid $67,721.64 for a lemon GM should be ashamed of themselves. And stand behind their vehicles.