GM must face defective transmission class action

(June 27, 2019)

A class action lawsuit claims that more than a dozen GM vehicles possess a defective transmission that causes them to shake when when shifting gears, and can cause the transmission to fail prematurely.

The GM transmission shake class action lawsuit was filed by Dennis Duffy, Richard Sullivan, Daniel Baptist, Dennis Speerly, Michael Plafker, John Iasiello, and Benjy Tompkins, who say they all drive GM vehicles manufactured between 2015 and 2018.

The vehicles listed in the GM class action include the 2015-2019 Chevrolet Silverado; 2017-2019 Chevrolet Colorado; 2015-2019 Chevrolet Corvette; 2016-2019 Chevrolet Camaro; 2015-2019 Cadillac Escalade and Escalade ESV; 2016-2019 Cadillac ATS, ATS-V, CTS, CT6, and CTS-V; 2015-2019 GMC Sierra, Yukon, and Yukon XL, and Yukon Denali XL; and the 2017-2019 GMC Canyon.

Allegedly, each of these vehicles are equipped with one of two models of eight-speed automatic transmissions, both manufactured by GM: the GM 8L90 or 8L45.

The GM class action states that while the vehicles are being driven, if a driver attempts to accelerate or decelerate, their vehicles hesitate then “shake, shudder, jerk, clunk, or ‘hard shift’” when the transmission changes gears.

The GM shake class action lawsuit says this shaking also happens when the vehicles accelerate in one gear, and not just when they shift gears.

Allegedly, this defect makes the vehicles uncomfortable to drive, and can be so violent that the driver thinks they have been hit and can cause them to lose control of the vehicle.

The GM shake class action lawsuit notes that “one purchaser reported that the transmission shifted from ‘reverse’ to ‘drive’ so harshly that he almost drove through his garage door.”

Additionally, the GM transmission defect class action lawsuit asserts that the defect can cause the transmissions to fail prematurely. Allegedly, the shaking and jerking is caused by internal issues in the transmission and/or torque converter.

This internal problem reportedly causes friction on surfaces, hydraulic systems, and gears, preventing the system from functioning properly and causing metal shavings to be circulated throughout the transmission.

The GM transmission class action lawsuit says this defect, and the metal shavings circulating, causes damages to the transmission over time and requires components to be replaced.

The drivers argue that GM is aware of the defect but failed to notify consumers. Allegedly, GM’s actions and the defect caused financial injury to consumers, who say that had they known their vehicles were defective, they would not have purchased it or would not have paid as much as they did for it.

Supporting their claim that GM is aware of the defect, the drivers note that GM has issued 13 versions of a “technical service bulletin” related to the shifting transmission problem since 2015.

Allegedly, these bulletins were designed to inform dealerships of the problems, and advising them how to deal with the issue. However, the plaintiffs say GM has not implemented a solution to the problem and has not compensated drivers.

The plaintiffs further note that GM has not informed customers of the problem and instead misleads them into believing that the vehicles are functional and free of defects.

The GM drivers are represented by Theodore J. Leopold, Andrew N. Friedman, Douglas J. McNamara, and Julia A. Horowitz of Cohen Milstein Sellers & Toll PLLC; and by Robert Gordon and Steven Calamusa of Gordon & Partners PA.

The GM transmission defect class action lawsuit is Dennis Duffy, et al. v. General Motors Inc., Case No. 2:19-cv-11875-AC-MKM, in the U.S. District Court for the Southern District of Florida.