GM Class Action Alleges Liftgate Problems Persist Despite Recall

A class action lawsuit claims several models of General Motors SUVs possess defects in their automatic rear door liftgates, despite a 2015 limited recall meant to fix the problem.

Plaintiffs Amy Miller, Garris Graham, David Luse, Bette Leonard, and Mike Arnadi assert that the automatic rear doors on their vehicles fall suddenly from an open position.

According to the GM lawsuit, the doors do not function as advertised, and pose a danger to anyone in the path of the door.

The GM class action lawsuit names the following vehicles as affected by the defective liftgates:

• 2010-2012 GMC Acadia
• 2010-2012 Buick Enclave
• 2010 Saturn Outlook
• 2010-2012 Chevrolet Traverse
• 2010-2012 Cadillac SRX
• 2010-2012 Chevrolet Equinox
• 2010-2012 GMC Terrain

Miller and the other plaintiffs assert that the 2015 recall, which was limited to a reprogramming of the software that controls the opening and closing of the door did not do enough to remedy the problem.

According to the GM liftgate defect class action lawsuit, the SUVs share a defect separate from the door software. The power liftgates are held up by struts that wear prematurely because “the design allows dirt and debris to compromise the seals on the pressurized cylinder, allowing pressurized gas to escape.” As a result, the struts do not lose air slowly as intended, but release air suddenly, and fall on people in the path of the liftgate.

The plaintiffs argue that the only permanent solution to this problem is a replacement of the struts and a subsequent update of the software that controls the door.

According to the GM liftgate defect class action lawsuit, GM knew about the defect, but did not inform consumers of the problems with the vehicles. They site that in 2010, GM issued “the first of several Technical Service Bulletins to dealers regarding power liftgates and/or liftgate struts,” but did not take action to notify consumers.

The GM liftgate defect class action lawsuit argues that GM should have known about the defects in the struts years before their 2015 recall. According to the plaintiffs, three other automakers issued recalls related to defects in power liftgate struts from Stabiles Inc., the supplier that GM uses. These recalls began in 2006.

The GM liftgate defect class action lawsuit argues that though the 2015 recall limited repairs to the gate’s software, GM admitted in its recall notice to the National Highway Traffic Safety Administration (NHTSA) that the struts themselves were defective. However, Miller and the other plaintiffs argue that though GM acknowledged to the NHTSA that the struts were defective, GM only agreed to replace the struts if they failed during the recall or within 90 days of it. Furthermore, the plaintiffs claim that GM limited its 2015 recall to four models, though they knew that other models possessed the same, or similar, defects.

The GM liftgate defect class action lawsuit claims that “as a result of GM’s unfair, deceptive and/or fraudulent conduct, Plaintiffs and the other class members were damaged in that they paid more for their Class Vehicles than they would have paid had they known about the Power Liftgate Defect that GM failed to disclose, or they would not have chased or leased their Class Vehicles at all.”

The GM SUV owners are represented by E. Powell Miller, Sharon S. Almonrode, and Dennis A. Lienhardt of The Miller Law Firm; Adam J. Levitt, John E. Tangren and Daniel R. Ferri of Dicello Levitt & Casey LLC; W. Daniel “Dee” Miles, III, H. Clay Barnett, III, Archie I. Grubb, II, and Christopher D. Baldwin of Beasley Allen Crow Methvin Portis & Miles PC; and Courtney L. Davenport of The Davenport Law Firm LLC.

The GM Liftgate Defect Class Action Lawsuit is Amy Miller, et al. v. General Motors LLC, Case No. 1:17-cv-14032-TLL-PTM, in the U.S . District Court for the Eastern District of Michigan.

UPDATE: The GM Liftgate Defect Class Action Lawsuit was dimissed on July 12, 2018.  Top Class Actions will let our viewers know if a new case is filed.