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GM isn't liable for punitive damages in ignition switch cases
Wed, Nov 20 2019NEW YORK — A federal appeals court said General Motors is not liable for punitive damages over accidents that occurred after its 2009 bankruptcy and involved vehicles it produced earlier, including vehicles with faulty ignition switches. The 2nd U.S. Circuit Court of Appeals in Manhattan said on Tuesday that the automaker did not agree to contractually assume liability for punitive damages as part of its federally-backed Chapter 11 reorganization. GM filed for bankruptcy in June 2009, and its best assets were transferred to a new Detroit-based company with the same name. The other assets and many liabilities stayed with "Old GM," which is also known as Motors Liquidation Co. Tuesday's 3-0 decision may help GM reduce its ultimate exposure in nationwide litigation over defective ignition switches in several Chevrolet, Pontiac and Saturn models. It is also a defeat for drivers involved in post-bankruptcy accidents, including those who collided with older GM vehicles driven by others, as well as their law firms. The ignition switch defect could cause engine stalls and keep airbags from deploying, and has been linked to 124 deaths. A lawyer for the drivers and their law firms did not immediately respond to requests for comment. GM had no comment. Circuit Judge Dennis Jacobs said GM's agreement to acquire assets "free and clear" of most liabilities excused it from punitive damages claims for Old GM's conduct. He also noted that the judge who oversaw the bankruptcy concluded that the new company could not be liable for claims that the "deeply insolvent" Old GM would never have paid. The decision upheld a May 2018 ruling by U.S. District Judge Jesse Furman in Manhattan, who oversees the ignition switch litigation. Drivers have sought a variety of damages in that litigation, including for declining resale values. GM has recalled more than 2.6 million vehicles since 2014 over ignition switch problems. It has also paid more than $2.6 billion in related penalties and settlements, including $900 million to settle a U.S. Department of Justice criminal case. The case is In re: Motors Liquidation Co, 2nd U.S. Circuit Court of Appeals, No. 18-1940. Government/Legal Chevrolet Pontiac Saturn Safety gm ignition switch
Chevy recalls 73k Cobalts for side airbag non-deployment
Mon, Aug 24 2015Chevrolet is recalling 73,424 examples of the 2010 Cobalt in the US and Canada because the driver's side curtain airbag might not deploy in a crash. These vehicles carry build dates between January 4 and June 23, 2010, and, specifically, 59,474 of them are in the US. "GM is aware of one crash with one injury that may be related to this condition," the company said in a statement. The problem occurs because of improper routing of the side-impact sensor wiring harness in the driver's door, and there can be a short circuit causing the curtain airbag not to deploy. The campaign to fix the issue will begin on August 26. Dealers will inspect the vehicles and will repair the issue on any affected examples. Related Video: GM Statement: General Motors is recalling 59,474 2010 Chevrolet Cobalt sedans in the U.S. because some of them may have been built with improper side impact sensor wire routing in the left front door. Dealers will inspect all suspect vehicles and any found with the condition will be repaired free of charge to the customer. GM is aware of one crash with one injury that may be related to this condition. Including vehicles sold in Canada, the total recall population is 73,424. RECALL Subject : Improperly Routed Side Impact Wire Harness Report Receipt Date: AUG 10, 2015 NHTSA Campaign Number: 15V500000 Component(s): AIR BAGS Potential Number of Units Affected: 59,474 All Products Associated with this Recall Vehicle Make Model Model Year(s) CHEVROLET COBALT 2010 Details Manufacturer: General Motors LLC SUMMARY: General Motors LLC (GM) is recalling certain model year 2010 Chevrolet Cobalt vehicles manufactured January 4, 2010, to June 23, 2010. The affected vehicles may be equipped with an improperly routed Side-Impact Sensor (SIS) wiring harness in the driver side front door. The misrouted wiring harness could cause an electrical short that disables the driver side curtain air bag. CONSEQUENCE: A disabled driver side roof-rail air bag will not deploy in the event of a crash necessitating deployment of that air bag, increasing the risk of injury to the driver. REMEDY: GM will notify owners, and dealers will inspect the sensor's wiring in the driver's door and make repairs as necessary, free of charge. The recall is expected to begin August 26, 2015. Owners may contact Chevrolet customer service at 1-800-222-1020. GM's number for this recall is 15075.
GM recalling 118K Colorado, Canyon pickups over missing hood latches
Thu, 20 Dec 2012General Motors has announced a recall of 118,800 Chevrolet Colorado and GMC Canyon pickup trucks due to the possibility of secondary hood latches not being installed at the time of manufacture. The affected vehicles are from the 2010, 2011 and 2012 model years, all of which were built between November 9, 2009 and August 28, 2012.
According to the official National Highway Traffic Safety Administration report, these trucks fail to "comply with the requirements of Federal Motor Vehicle Safety Standard No. 113, 'Hood Latch System.' The hood may be missing the secondary hood latch." In other words, owners of these trucks could find their vehicles' hoods opening unexpectedly while driving.
The official recall campaign is expected to begin on January 17, 2013. Dealers will inspect the affected pickups and if a secondary hood latch is not present, one will be installed free of charge. Scroll down to read the official NHTSA report.