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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

Automakers tussle over owners of 'orphan' makes

When General Motors put down several of its brands in recent years, it also let loose thousands of brand-loyal customers who will eventually need another car.
R.L. Polk Associates estimates there are more than 18 million cars from 16 discontinued makes on the road today. Those "orphan owners" have sales-hungry competitors seeing dollar signs. GM is offering Saturn owners $1,000 cash toward a Chevy Cruze, Cadillac CTS or a GMC Acadia. Ford is giving its Mercury lease customers a chance to get out of their contracts with no early-termination penalty and offering to waive six remaining payments if they drive off in a Ford or Lincoln.
Edmunds.com research shows the efforts are paying off somewhat for GM, with 39 percent of Pontiac owners, 37 percent of Hummer owners and 31 percent of Saturn owners taking delivery of another GM-branded vehicle. But that leaves as much as 69 percent of owners going elsewhere. Ford, Honda and Toyota seem to be attracting many former GM owners.

Florida man runs down bikers in traffic

A Florida biker and his passenger got a nasty surprise when a road rage incident turned ugly on Monday. According to WTSP, Joe Calderazzo was returning from a Veterans Memorial Day motorcycle rally around 5:30 pm with a group of fellow riders. During their ride, the group got entangled with an overly aggressive driver in a Pontiac. Abe Garcia of Tampa watched the silver Pontiac attempt to run the pack of bikers off the road, which started the altercation. The bikers caught up to the Pontiac in stopped traffic, and a shouting match ensued between the bikers and the Pontiac driver. At this point, Garcia pulled out his phone and started recording. The exchange escalated, and suddenly the Pontiac driver floored it, turned hard to the right, and ran over Calderazzo's Harley. The Pontiac mangled the Harley and knocked Calderazzo and his passenger to the ground. The Pontiac then fled the scene. WTSP spoke to Calderazzo as he was on his way to the hospital. "I thought the guy was trying to kill us obviously," said Calderazzo. "You know you don't know what's going through your mind. Is he going to put the car in reverse? Is he going to turn around? Is he going to stop and pull out a gun? You don't know what's going on." The Pontiac driver, a serial traffic offender named Robert Paul Vance, was picked up by police soon after the incident. He is charged with hit-and-run, a moving traffic violation, and aggravated battery. Related Video: News Source: WTSP Weird Car News Pontiac Driving Safety Motorcycle Videos Sedan Navy road rage pontiac g6 Memorial Day veterans Florida Man tampa