A class action lawsuit accusing General Motors LLC of concealing an engine defect that caused vehicles to experience sudden loss of power was filed Friday in Texas federal court.
The class action lawsuit was filed just one day after the Center for Auto Safety revealed that more than 300 fatalities from car accidents could be traced back to GM models that were recently recalled due to faulty ignition switches. Nearly 1.4 million vehicles were allegedly part of the recall. According to the class action lawsuit, the models affected by the recall include 2005-2007 Chevy Cobalt, 2007 G5 Pontiac, 2003-2007 Saturn Ion, 2006-2007 Chevy HHR, 2006-2007 Pontiac Solstice and 2006-2007 Saturn Sky vehicles.
Plaintiffs Daryl Brandt and Maria Brandt filed the class action lawsuit on behalf of themselves and a class of consumers who owned or leased the recalled GM vehicles as of Feb. 7, 2014. The plaintiffs own a 2007 Chevy Cobalt that was subject to the ignition switch recall.
According to the class action lawsuit, on February 7, GM issued a Defect Notice to recall the Chevy Cobalt and Pontiac G5 vehicles, stating that the “ignition switch torque performance in these vehicles might not meet General Motors’ specifications resulting in the non-deployment of airbags in crash events.” On February 24, GM issued a notice to the National Highway Traffic Safety Administration, which significantly expanded the recall.
The plaintiffs allege that GM had been aware of the GM ignition switch defect for at least a decade. “In 2004, before the launch of the 2005 Cobalt, GM became aware of incidents wherein the vehicle engine would suddenly lose power in the event the key moved out of the ‘run’ position when the driver inadvertently contacted the key or steering column,” the class action lawsuit says. “An investigation was opened and after consideration of lead-time required, cost and effectiveness of potential solutions, the investigation was closed and no action taken.”
According to the class action lawsuit, GM continued to receive reports of vehicles losing engine power when the key moved out of the “run” position. Although a repair was proposed, GM never issued a recall to repair the defective switches. Instead, GM issued a Safety Bulletin that acknowledged the potential for a driver to accidentally turn off the ignition while driving.
“Given the vast number of instances of sudden engine power loss and non-deployment of airbags related to the defective ignition switch and GM’s knowledge of many or all of the instances, GM should have aggressively developed a remedy years ago,” the class action lawsuit says. “GM failed to do so. In fact, its first recall was not implemented until 2014, nearly 10 years after instances of engine power loss.”
The class action lawsuit accuses GM of “mishandling” the ignition switch defect, even after receiving numerous reports of accidents, injuries and fatalities associated with the affected vehicles. The plaintiffs seek damages for the loss of use of their vehicles, reimbursement for out-of-pocket costs, diminution in resale value of the vehicles and injunctive relief.
The plaintiffs are represented by Robert C. Hilliard, Rudy Gonzales Jr., Catherine D. Tobin, T. Christopher Pinedo, John B. Martinez, Kimberly Wilson and Marion Reilly of Hilliard Munoz Gonzalez LLP.
The GM Ignition Switch Defect Class Action Lawsuit is Daryl Brandt, et al. v. General Motors LLC, Case No. 2:14-cv-00079, in the U.S. District Court for the Southern District of Texas, Corpus Christi Division.
In general, GM ignition switch lawsuits are filed individually by each plaintiff and are not class actions.
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USA bread, butter, and warmed. GM should not NOT be messed with!
This doesn’t only happen with American Motors but all vehicles of various manufacturers have been recalled. I can truly say that GM is a good, fair company that supports their workers. I am a supporter of American Motors and will only own American Motors… big 3. Good, stable, reliable vehicles. I live in USA and support my country …. poor, middle, upper middle class workers. I am so thankful for President Obama for taking care of them and as they are a major contribution to our economy. Detroit, MI.I have nothing bad to say about them, having worked for GM and having relatives in our American Motors auto industry…. they need to be supported.
Go after Toyota, Kia, and Suzuki….. you get what you pay for. These vehicles may be priced lower to sale get American trade dollars but take them to a shop and watch the price almost triple for repair/maintenance work.
I am American. I live in USA. I only buy American made vehicles. They are great vehicles. Support our country.
I own a 2006 Chevy Cobalt. My mother saw the recall information on the news first and then I received a notice stating when the parts are available GM will send out a formal recall notice. After doing my own research and driving this vehicle as it would shut off when I would stop at red lights and when I went to park the steering wheel would lock up and I would not even be able to remove my key from the ignition or the steering wheel had to be in a certain position in order for me to be able to remove the key. I have taken my Cobalt to the Chevy dealer and requested a loaner vehicle as I have two children and did not and do not feel safe driving that vehicle especially since I have experienced issues with the ignition myself. My car has been at dealship since recall came out as I do not feel safe driving it. But the loaner vehicles are Chevy’s and I am in a 2013 Chevy Cruze which I have seen there was a stop selling notice on my loaner. I was also hit by a big rig tread on the 10 fwy which caused alot of damage to my front end but my air bag never deployed.
your closing argument sounds like you may have other issues besides GM’s.
I would be interested in being part of class action suit-please advise
What is your issue?
owned a 2006 I believe it was… bruick SUV would have to check the model name… but at two unexplain times loss control of steering and bakes causing and accident.. airbags never went off… first time ended up in a creek about 8,000 in damage…second was a total loose with roll over…
just wondering if GM’s list of recalls should be expanded
Talk to any insurance adjuster and they will tell you that it is a trigger that sends air bags off. People have crashed into utility poles, other… etc. etc. and air bags did not deploy. Do not blame GM for this. It isn’t fair because it doesn’t matter no matter what vehicle.
We have 2006chevy cobalt that has given us problems mentioned in recall- shutting off while driving potentially dangerous for my family. Just received recall notice and having hard time selling car. Would be interested in being part of class action suit-please advise.
M. Koegler
This happens with all vehicles from time to time not just GM. Lay back. Recalls are to fix the error with out of pocket to consumer cost. We are imperfect people who design, create, and build. Human error is an issue in all forms of consumer/business profession. Get it right the first time is usually not so. Test. Drive. Explain your issues. GM is a dynamic company!
Recall fix your problem with out of pocket expenses? Do you live in United States of America? Do you support your fellow man… neighbor, friend, family? Our economy? USA made. Do not mess with our economy!!!