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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

Smaller Cars Endure Big Problems On Crash Test

In a crash test of 11 of the smallest cars on the market, only one vehicle received an acceptable rating. The rest received marginal or poor ratings in the study, providing evidence that supports a widely held notion that smaller cars are among the least safe on the road. No other vehicle group has performed as poorly on a new crash test than these mini cars, says the Insurance Institute for Highway Safety, the nonprofit group that conducted the testing. The latest results of which were released Wednesday. The Chevrolet Spark was the only car earning an overall "acceptable" rating on the small-front overlap test, and even that vehicle had its shortcomings, IIHS said. "Small lightweight vehicles have an inherent safety disadvantage," said Joe Nolan, the senior vice president for vehicle research at IIHS. "That's why it's even more important to choose one with the best occupant protection. Unfortunately, as a group, minicars aren't performing as well as other vehicle categories." The Mazda2, Kia Rio, Toyota Yaris and certain Ford Fiesta models all received "marginal" overall grades on the test, while the Mitsubishi Mirage, Nissan Versa, Toyota Prius C, Hyundai Accent, Fiat 500 and Honda Fit all earned "poor" ratings. Results from these sub-compact cars fare much worse than vehicles sized just a little bit bigger, IIHS said. Among 17 cars evaluated in the small category, five earned "good" ratings and five more earned "acceptable." Only introduced a year ago, the small-front overlap test has quickly become a key indicator of differences in automotive safety. IIHS introduced it as a way to replicate what happens when the front corner of a vehicle collides with a tree or utility pole at 40 miles per hour. In the real world, these sorts of accidents are more dangerous than others, in part because they bypass the front-end crush zones on most cars. TOP 5Most Researched Sedans 2013 Honda Accord MSRP : $21,680 2013 Hyundai Sonata MSRP : $20,895 2013 Nissan Altima MSRP : $21,760 2014 Honda Accord MSRP : $21,955 2013 Toyota Corolla MSRP : $16,230 Automakers have been rushing to make design changes to the front ends of their cars. Without a grade of acceptable or better, they cannot qualify for the IIHS' overall Top Safety Pick+ honor, given annually to the safest models on the market.

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