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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
Junkyard Gem: 2006 Pontiac Solstice
Wed, Sep 4 2019The debut of the Pontiac Solstice, back in 2005 for the 2006 model year, stirred up much excitement in the automotive world. Sales were brisk at first, and then they weren't so great… and then Pontiac itself went under The General's cost-cutting axe. One thing I have learned during my junkyard travels is that even sought-after sports cars eventually reach a point at which they start showing up in the big self-service junkyards. For example, the BMW Z3 began appearing in such yards about five years ago, along with the Audi TT. While the Honda S2000 still appears to be exempt from this process, today's Junkyard Gem shows that the time has now come for the Pontiac Solstice/Saturn Sky. The first Z3s and TTs I saw in the U-Wrench-type yards were crash victims, not worth fixing, and that's the case with this Solstice. In a few more years, I'll start seeing the occasional Solstice/Sky discarded due to general worn-outness. Someone grabbed all the undented front body parts and the transmission (these items, presumably, being valuable), but no junkyard shoppers have felt like pulling the non-turbo 2.0-liter Ecotec. The interior seems dirty, probably from exposure to the elements while sitting outdoors in this Colorado Springs wrecking yard, but not in bad shape otherwise. Perhaps the car's owner celebrated a return from Iraq with the purchase of a sporty new Pontiac, 13 years ago. These cars have an enthusiastic following, so I wasn't expecting to see a junked one so soon after production ceased. I felt the same way about the Chrysler Crossfire, however, and I found two of those last year. What's next, a 2002-2005 Thunderbird? This content is hosted by a third party. To view it, please update your privacy preferences. Manage Settings. Such optimism!
Junkyard Gem: 1968 Pontiac Catalina sedan
Wed, Aug 14 2019During the late 1960s, General Motors ruled the American car landscape, growing so dominant that the federal government considered antitrust action to break up the company. The General offered sporty Corvettes and muscular GTOs and rugged pickups and opulent Fleetwoods, sure, but the fat part of the sales numbers came from the bread-and-butter full-sized sedans and coupes, which boasted superior engineering and modern-looking styling; in 1967 alone, the Chevrolet Division moved 972,600 full-sized cars, and that's not even counting the 155,100 full-sized Chevy station wagons that year. Pontiac, Buick and Oldsmobile sold the same big cars with division-specific engines and bodywork, and they flew off the showroom floors. For 1968, the entry-level full-sized car from Pontiac was the Catalina, and I've found an example of the most affordable version of the most affordable big Pontiac for 1968, discarded in a northeastern Colorado wrecking yard about 50 miles south of Cheyenne, Wyoming. A '68 GM full-sized coupe, convertible, or even a four-door hardtop might be worth the cost and effort of a restoration, but a no-options base-trim-level post sedan with rust and plenty of body filler just won't get many takers these days. Like so many vehicles that sit outside for decades on the High Plains, this one is full of rodent nests. I wouldn't want to work on the interior of this car without a respirator and a lot of work with a shop-vac, because hantavirus is a significant danger in these parts. Alfred Sloan's plan to offer a stepladder of prestige for GM buyers, in which your first new car was a Chevrolet and you moved up through Pontiac, Oldsmobile, and Buick until you became sufficiently prosperous for Cadillac ownership, worked brilliantly for decades. In 1968, the Catalina was a notch above its Impala sibling on the Snob-O-Meter, with the sedan starting at $3,004 (about $22,600 in 2019 dollars). In fact, the V8-equipped 1968 Chevrolet Impala sedan listed at $3,033, and the Oldsmobile Delmont 88 went for $3,146, so the lines were beginning to blur between the relative positions of the lower-end GM divisions by this time. The base engine in the 1968 Catalina was a 400-cubic-inch (6.5 liter) V8 rated at 265 horsepower and enough torque to tow an aircraft carrier.