By Robert J. Boumis  |  September 3, 2014

Category: Consumer News

GM ignition switch recall class action lawsuitEven as several General Motors recalls are underway, a new GM lawsuit has been filed over an alleged defect in some of their vehicles’ radiators. This new GM lawsuit comes as GM is recalling numerous cars over a variety of issues — and is facing large-scale legal action over ignition switch issues in several of its vehicles.

This GM lawsuit was filed by plaintiff Sheilah Feliciano and alleges that the defect caused her car to leak antifreeze from the radiator, damaging the vehicle. Her GM lawsuit further alleges that GM was aware of this risk from consumer complaints, but chose to conceal the risk to avoid hurting sales.

The car manufacturer is currently facing lawsuits over their GM ignition switch recall. Allegedly, numerous GM vehicles were produced with defective ignition switches. The alleged defect could theoretically cause a car’s engine to shut off while driving by switching in auxiliary (or “standby”) mode. Not only could this make a car more likely to crash, especially during highway driving, but in auxiliary mode, a car’s airbags deactivate, potentially making any crash that does happen worse.

A series of investigations by GM and federal regulators have strongly suggested that GM was aware of this issue, but a “culture of incompetence,” in the words of GM’s own internal report, prevented the company from taking serious action on the issue for the better part of a decade.

The various reports and investigations have indicated that GM engineers were aware of the issue, but did not take any type of large-scale coordinated action to correct the problems. In the meantime, it is alleged that the defect caused numerous accidents and even deaths as cars shut down while driving and deactivated their air bags unexpectedly. The company is facing GM recall class action lawsuits or other mass legal action over these alleged problems.

GM underwent a bankruptcy preceding in 2009, effectively turning GM into a new company.

GM has issued several recent recalls on additional issues, adding up to tens of millions of cars in 2014. This includes issues like the driver’s side door locks, wiring problems, and even the radio issues.

This could be an effort by GM to avoid similar lawsuits in light of the numerous GM ignition switch lawsuits the automaker is facing. However, despite the 2009 restructuring, GM has not yet disputed the fact that they would bear the responsibility for injury liability for GM prior to the bankruptcy.

The GM Lawsuit is Sheilah Feliciano v. General Motors Company, Case No. 1:14-cv-06374, in the U.S. District Court for the Southern District of New York.

In general, GM ignition switch lawsuits are filed individually by each plaintiff and are not class actions.

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