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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
New Corvette Feature Keeps An Eye On Valets
Wed, Aug 20 2014Face it. If you own a luxury or sports car, whenever you hand the keys to a valet, you imagine the car going on a high-speed joyride like the Ferrari in the 1980s cult movie "Ferris Bueller's Day Off." Now, General Motors has an option on the 2015 Chevrolet Corvette that takes those worries away. The latest version of the sports car, due out in September, has a feature that records where the car goes with a camera mounted in the windshield trim. It also captures audio in the cabin as well as speed, engine revolutions per minute, gear position and G-force. That all helps the car tattle on any valet who doesn't take a slow, direct route to a parking space. GM says it's the most extensive attempt by an automaker to thwart valet joyriders, although it's not the first. The automotive website Edmunds.com says Hyundai and Mercedes offer "geofencing," a feature that sets a perimeter and then notifies the owner's smart phone if a car goes beyond it. Chrysler has a valet mode that caps engine speed and horsepower, while Audi lets owners limit engine speed for valets. With the Corvette, once the owner activates the feature with a four-digit code, the touch screen tells the driver it's in Valet Mode. But it doesn't warn the valet that he's being recorded. The feature also locks the glove box and a storage compartment in the dashboard and shuts down the infotainment system. Valet Mode started off as a performance data recorder for those who take their Corvettes on the racetrack. GM engineers quickly figured out that it had more uses. "Think of it as a baby monitor for your car," Corvette Product Manager Harlan Charles said in a statement. "Anyone who has felt apprehension about handing over their keys will appreciate the peace of mind of knowing exactly what happened while their baby was out of sight." Data and video from the valet mode can be viewed instantly by the owner on the car's 8-inch color screen when the car is parked, or it can be downloaded to a computer. The system could go into more mainstream models if feedback is good on the Corvette, GM spokesman Monte Doran said. The feature is paired with a navigation system and costs $1,795. A 2015 Corvette starts at just under $54,000. Chevrolet Technology Gadgets
GM program sees dealers taking on way more loaner cars
Wed, Dec 17 2014Given the volume of vehicles we're talking about, this is a significant development for GM's bottom line. Bring your car into the dealership for service, and you may need a loaner car in exchange. And with so many recalls being carried out, that means a lot of loaners – especially at General Motors dealerships. That could be one of the reasons why GM is massively expanding its loaner fleet program. While many Chevrolet and Buick-GMC dealerships have an on-site rental car location operated by a third party like Enterprise (which may or may not provide a GM vehicle), others manage their own loaner fleets. But while the range of dealerships operating such fleets was once small, reports Automotive News, the number has been growing rapidly: from the locations responsible for only 20 percent of those brands' sales two years ago to about 90 percent today. The impetus for that growth comes down to a massive expansion of GM's Courtesy Transportation Program. The initiative encourages dealers to ramp up their loaner fleet to a maximum size determined by GM, with a mix determined by the dealer itself, so that a showroom in Texas can be bolstered with a fleet of pickup trucks and a dealer in California can employ more Volt and Camaro Convertible loaners. The dealership gets a $500 credit for each vehicle its puts in its fleet, and can use those vehicles as loaners for service customers, as multi-day test drivers or to rent out separately. The vehicles remain in the dealer's fleet for 90 days or 7,500 miles, then they can be sold as used, but with new-car incentives. The dealer gets a fleet of loaners, customers get to use the loaners, try out a new car overnight or buy a barely used car with attractive incentives, and GM gets to clock more sales. But therein lies the kicker: the automaker counts the dispatch of the loaner new vehicle to the dealership as a new-car sale, which could end up distorting its sales figures. Counting loaner vehicles as sold vehicles is something of an industry-standard practice, but given the volume of vehicles we're talking about, this is a significant development for GM's bottom line. One dealership - Paddock Chevrolet in Kenmore, NY, for example - had no loaner fleet two years ago, but now runs a fleet of 50 vehicles. Multiply that by the 4,000 or so dealers GM has across America and you're talking about the potential for hundreds of thousands of these sorts of sales.