By Karina Basso  |  August 18, 2014

Category: Consumer News

GM ignition switch recall class action lawsuitGeneral Motors Co. is continuing to fight the deluge of consumer lawsuits accusing the company of knowing about a dangerous ignition switch defect linked to hundreds of accidents and deaths by filing a motion to block all lawsuits filed before June 2009, when GM became a newly-formed entity after exiting Chapter 11 bankruptcy.

According to GM’s Aug. 4 motion to dismiss the ignition switch lawsuits, this newly submitted “Motion to Enforce involves only litigation in which Plaintiffs seek economic losses, monetary and other relief against New GM relating to an Old GM vehicle or part (other than the Ignition Switch). Like the Ignition Switch Actions, liabilities for these types of claims were never assumed by New GM and are barred by the Court’s Sale Order and Injunction.”

This is not the only instance in which GM is attempting to use the bankruptcy shield to dismiss GM defect litigation. In April, GM also made the argument that many of the cars involved in 90 ignition switch lawsuits cannot be found liable under new GM because they were manufactured before the new company was formed.

According to the most recent motion to dismiss the various GM defect lawsuits, “such recalls do not change the fact that New GM did not assume these liabilities. All of the accidents and injuries at issue in these lawsuits occurred prior to the closing date of the [sale] and therefore relate solely to Old GM’s conduct.”

Another motion submitted by GM aims to dismiss four class action lawsuits filed in California, which seek $10 billion for GM car owners whose vehicles have lost their resale value thanks to GM’s damaged brand image.

Judge Robert Gerber, who is presiding over the GM defect litigation filed in New York, has yet to make a decision on these two motions.

History of the GM Ignition Switch Defect

According to various GM ignition switch lawsuits and consumer reports, engineers employed by GM informed the company of the ignition switch defect as early as 2001. This alleged defect can cause an the driver’s car key to suddenly and without the driver’s knowledge move the ignition switch to the accessory or off position during a drive. This then can and will cause the engine to turn off and prevent the airbags from deploying upon impact or accident. The Center for Auto Safety conducted a review into the various accidents involving GM vehicles with alleged ignition switch failure, and have reported that this defect can be reasonably linked with over 300 vehicular deaths and hundreds of accidents.

Despite this alleged life-threatening defect in the ignition switch’s design, GM has been slow to act and only began recalling vehicles at the beginning of this year. GM’s alleged inaction caused the National Highway Traffic Safety Administration to fine the American automaker $35 million. There are several investigation into the claims of injury and death caused by the alleged ignition switch defect currently being conducted by the U.S. Department of Justice, Congress, and several state entities.

GM Ignition Switch Recall

During the majority of the 2014 year, GM has dealt with vehicle recalls and personal injury litigation. About 29 different models of GM vehicles were recalled this year due to the presence of an ignition switch failure.

The recalled vehicles found to have the alleged ignition switch failure sold abroad and in the United States include these models:

  • 2005-2007 Chevrolet Cobalt
  • 2005-2007 Pontiac G5
  • 2003-2007 Saturn Ion
  • 2006-2007 Chevrolet HHR
  • 2005-2006 Pontiac Pursuit
  • 2006-2007 Pontiac Solstice
  • 2007 Saturn Sky

Additionally, during May of this year, GM recalled over 284,000 older GM cars, which include 2004-2008 Chevrolet Aveo and Opta vehicles. Unlike the majority of the cars recalled in the main litigation, these models did not have the ignition switch failure. Rather, these Aveo and Opta vehicles were recalled because the daytime running lights had a defect that would cause them to overheat and spontaneously combust.

GM owners who were hospitalized due to an accident in one of the following vehicles can obtain a free legal review by filling out the form on this page:

Buick Lacrosse 2005-2009
Buick Lucerne 2006–2011
Buick Regal LS and GS 2004–2005
Cadillac CTS 2003-2014
Cadillac Deville 2000–2005
Cadillac DTS 2004–2011
Cadillac SRX 2004-2006
Chevrolet Impala 2006-2014
Chevy Camaro 2010-2014
Chevy Cobalt 2005-2010
Chevy HHR 2006-2011
Chevy Impala 2000-2005
Chevy Malibu 1997-2005
Chevy Monte Carlo 2002–2008
Oldsmobile Alero 1999-2004
Oldsmobile Intrigue 1998-2002
Pontiac G5 2007-2010
Pontiac Grand Am 1999-2005
Pontiac Grand Prix 2004-2008
Pontiac Solstice 2006-2010
Saturn Ion 2003-2007
Saturn Sky 2007-2010

In general, GM Ignition Switch Defect lawsuits are filed individually by each plaintiff and are not class actions.

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