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GM isn't liable for punitive damages in ignition switch cases

NEW 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

Junkyard Gem: 2008 Pontiac G5 Coupe

In the grim early days of the Great Recession, the situation at GM's Pontiac Division didn't feel so great but there was some cause for optimism. The Solstice still had a certain glow, the Holden Commodore-based G8 had just arrived, and vehicle shoppers could stride into their local Pontiac showrooms and choose from eight different models bearing the iconic arrowhead badge. Yes, there were still new Torrents and Grand Prix and Vibes for sale in 2008, and of course the Cavalier-twin Sunfire had been replaced by the Cobalt-twin G5 by that time. Here's one of those G5s, found in a Colorado Springs car graveyard. It wasn't long after this car was built that everything went to hell for Pontiac. In April of 2009, GM announced that the Pontiac Division would be "phased out" over the next few years. Just to drive home the point, GM itself filed for Chapter 11 bankruptcy five weeks later. GM had already offed Oldsmobile—a marque dating back to 1897, making it nearly 30 years Pontiac's senior—five years earlier, so everybody knew there would be no reprieve in this case. Just to confuse everybody, Pontiac dealers offered a G3-badged Chevy Aveo (aka Daewoo Kalos) to sell alongside the G5 for 2009, but by 2010 there were just two new Pontiac models still standing in the United States: the G6 and the Vibe. Just over 70,000 G5s were sold in the United States during the 2007-2009 model years, making these cars fairly rare. The Cobalt/G5 ignition-switch fiasco of the mid-2010s really hammered their resale value at the time. Sometimes the definition of "Gem" refers to historical value, not the happier kind. Speaking of ignition switches, the key is still in this one. That generally means that a junkyard vehicle is a dealership trade-in or insurance total that couldn't sell at auction. This one is a base model, which listed at $15,675 (about $22,040 in 2023 dollars). The snazzier G5 GT started at $19,850 ($27,911 now) that year. The engine in this car is a 2.2-liter Ecotec four-banger rated at 148 horsepower and 152 pound-feet (the GT got a 2.4 with 171 hp/167 lb-ft). A five-speed manual was standard equipment, but the buyer of this car paid extra for the automatic. GM stuck these little "Mark of Excellence" badges on the fenders of its vehicles starting in 2005, then ditched the idea in 2009. I have vivid memories of this logo from the seatbelt buttons in my parents' 1973 Sportvan Beauville.

Junkyard Gem: 1988 Pontiac 6000 LE Safari Wagon

The Detroit station wagon was fast losing sales to minivans and trucks as the decade of the 1980s progressed, but Pontiac shoppers still had plenty of choices as late as the 1988 model year. A visit to a Pontiac dealership in 1988 would have presented you with three sizes of wagon, from the little Sunbird through the midsize 6000 and up to the mighty Parisienne-based Safari. Today's Junkyard Gem is a luxed-up 6000 LE, complete with "wood" paneling, found in a car graveyard in Fargo, North Dakota. Confusingly, the "Safari" name in 1988 was used by Pontiac to designate both a specific model — the wagon version of the Parisienne/Bonneville— and as the traditional Pontiac designation for a station wagon. That meant that the wagon we're looking at now was a Safari but not the Safari in the 1988 Pontiac universe. The 6000 lived on the GM A-Body platform, as the Pontiac-badged version of the Chevrolet Celebrity. Production ran from the 1982 through 1991 model years, with the A-Body Buick Century surviving all the way through 1996. The LE trim level came between the base 6000 and the gloriously complex 6000 STE (which wasn't available in wagon form, sadly). I visited this yard in Fargo after judging at the Minneapolis 500 24 Hours of Lemons in Brainerd, Minnesota, last fall. Up to that point, I had visited 47 of the Lower 48 United States, with just North Dakota remaining, so I made a point of doing a Fargo detour in order to check that state off my list. I'm pleased that I found such a good example of the 1982-1996 GM A-Body in this yard, because the most famous of all the A-Bodies is the 1987 Oldsmobile Cutlass Ciera driven to Brainerd by the inept Fargo-based kidnappers in the film "Fargo." This Minnesota-plated 6000 had some rust, but just negligible levels by Upper Midwestern standards on a 31-year-old car. The interior looked very good, with the original owner's manual still inside. The 6000 LE boasted "redesigned contoured seats and London/Empress fabric," which sounds pretty swanky. Something less swanky lives under the hood: an Iron Duke 2.5-liter pushrod four-cylinder engine, known as the Tech 4 by 1988. The Iron Duke was, at heart, one cylinder bank of the not-quite-renowned Pontiac 301-cubic-inch V8; while fairly rugged, the Duke ran rough (typical of large-displacement straight-four engines) and made just 98 horsepower in this application. Pontiac offered a couple of optional V6s in the 6000 in 1988, but no Quad 4.