By Heba Elsherif  |  February 16, 2018

Category: Consumer News

GM ignition switch defect recallGeneral Motors is facing a Chevy Impala ignition switch lawsuit filed  by a New York resident alleging that he was involved in a motor vehicle accident as a direct result of a defective and dangerous Chevy Impala ignition switch.

Plaintiff Clifford S. filed the Chevy Impala ignition switch lawsuit against the automotive giant in New York federal court on Jan. 28, 2018.

According to the Chevy Impala ignition switch lawsuit, he sustained multiple serious injuries, including shoulder injuries, because of the accident.

The Chevy Impala ignition switch lawsuit is filed on multiple counts including strict liability, negligence, fraudulent misrepresentation and breach of implied warranty.

Clifford demands a trial by jury.

Overview: Chevy Impala Ignition Switch Lawsuit

The American multinational corporation General Motors Company, commonly known as GM, has been involved in a whirlwind of litigation stemming from an ignition switch defect affecting some 2.6 million vehicles.

The ignition switch defect allows the switch to easily be knocked to the “off” position, causing the vehicle to shut down. The affected vehicles have defective ignition switches that slip out of the run position, turn off the electrical power and engine, and prevent airbags from deploying.

The ignition switch defect is said to possibly be the result of extra weight being loaded upon the ignition switch. In the event of an accident, loss of power to the airbags and other safety features could cause the deaths of drivers and passengers.

In a recall announced by GM in 2014, 2.6 million vehicles required a replacement for the ignition switch defect. Because of the ignition switch defect, there have been roughly 300 deaths linked to the defective switch, according to a review by The Center for Auto Safety.

According to the Wall Street Journal, GM possessed knowledge of the GM switch defect since at least as early as 2001. They say that GM knew about the ignition switch defect for more than a decade.

In a settlement made with the Department of Justice in September 2015, the automotive giant paid $900 million and admitted to concealment and criminal wrongdoing. The company has also paid more than $2 billion to settle claims from consumers, federal prosecutors and shareholders.

Allegedly, GM attempted to shield itself from lawsuits by claiming immunity through bankruptcy and attempted to hide away from liabilities linked to the deadly ignition switch.

However, although a federal court first granted them immunity because of the bankruptcy filing to try and escape ignition defect litigation, a federal appeals court reversed that grant.

The federal appeals court asserted that because the company failed to provide consumers appropriate notice of the defect, they should be liable and held responsible for sustained consumer injuries and damages.

The Chevy Impala Ignition Switch Lawsuit is Case No. 1:18-cv-00751-JMF in the U.S. District Court for the Southern District of New York.

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

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