A GM transfer class lawsuit got caught after a judge dismissed certain implicit warranty claims made in the filing.
According to Car Complaints, five separate class actions against General Motors for alleged deficiencies in the eight-speed automatic transmission were consolidated in a Michigan court this week. In doing so, the judge presiding over the lawsuit, Judge David M. Lawson, dismissed implied warranty claims for all plaintiffs under the laws of Alabama, Arizona, Connecticut, Idaho, Kentucky, North Carolina, Tennessee, Washington and Wisconsin fall. Another lawsuit relating to class-wide monetary damages for a single plaintiff under the Colorado Consumer Protection Act has also been dismissed.
Numerous class actions have been filed against GM against the eight-speed automatic transmissions 8L45E and 8L90. Plaintiffs allege that the eight-speed automatic transmission is slipping through the gears, aggressively shifting into gear, and the vehicle is shaking or jerking. Plaintiffs have also reported that the transmission will result in delayed acceleration and make it difficult for the vehicle to slow down.
GM has argued that these claims should be discarded as its express warranty covers only defects in material and workmanship, and not defects in design. The suits claim that all 8L45E and 8L90E transmissions experience these issues, implying that the issues are instead related to a design flaw, the automaker said.
Judge Lawson will allow other allegations to be made in the lawsuit, including certain other claims relating to the implied warranty. The judge also conceded that the complaints made by plaintiffs could be consistent with either a material / workmanship or a design flaw. He also did not deny claims that GM knew there were problems with the eight-speed transmission before putting affected vehicles up for sale, saying, “Plausible conclusions can be drawn that GM had significant knowledge of the impending conditions ahead of any of the vehicles Had problems with his new gearboxes The plaintiffs’ purchases were made. “
The full list of affected vehicles in this newly consolidated transmission lawsuit includes:
We will continue to provide information on this consolidated eight-course class action lawsuit as it goes to court.
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