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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

Junkyard Gem: 1989 Pontiac Sunbird SE Coupe

General Motors built the fantastically successful J-Body cars starting at the dawn of the 1980s and continuing well into our current century, on five continents. The Pontiac Division's version of the J started out being called the J2000 and the 2000, then got the Sunbird name originally used on the Pontiac-ized Chevy Monza starting in 1983. Here's a once-slick-looking 1989 Sunbird SE Coupe, found at a Minneapolis-area boneyard way back in 2016. The best-known of all the J-Body cars, here, was the Chevrolet Cavalier, but Pontiac far outdid even the most blinged-up Cavalier Z24 when it came to elaborate taillights. Because this is Minnesota, the car is a patchwork of various layers of junkyard-obtained rusty body parts. One fender has TURBO badges from a Sunbird GT. The other side has the correct engine badges for this model. That engine is a 2.0-liter, single-overhead-cam straight-four from an engine family originally developed for the Opel Kadett D. This one was rated at 96 horsepower when new. This one has the automatic transmission, so it wouldn't have been very much fun to drive. Check out that cool parking brake handle, though! And, hey, is that a full can of Colorado Cool-Aid in the foot well? You'd think a proper Minnesota Pontiac would at least be full of Grain Belt cans. It appears that Higley Ford in Windom, Minn., had this car on the lot at some point. Windom is closer to Sioux Falls than to Minneapolis. This final mileage total looks good for a car living in Tinworm Country. Pontiac built this generation of Sunbird from the 1988 through 1994 model years, though it was really just a facelift of the first-generation cars. Starting in 1995, the Pontiac J-Body became the Sunfire, and production continued until the J platform itself got the axe in 2005. This content is hosted by a third party. To view it, please update your privacy preferences. Manage Settings. In the 90s, fun will become the exclusive province of the rich. To which the Sunbird driver replies, "Bullish!" Related Video: This content is hosted by a third party. To view it, please update your privacy preferences. Manage Settings.

Junkyard Gem: 1988 Pontiac 6000 LE Safari Wagon

The Detroit station wagon was fast losing sales to minivans and trucks as the decade of the 1980s progressed, but Pontiac shoppers still had plenty of choices as late as the 1988 model year. A visit to a Pontiac dealership in 1988 would have presented you with three sizes of wagon, from the little Sunbird through the midsize 6000 and up to the mighty Parisienne-based Safari. Today's Junkyard Gem is a luxed-up 6000 LE, complete with "wood" paneling, found in a car graveyard in Fargo, North Dakota. Confusingly, the "Safari" name in 1988 was used by Pontiac to designate both a specific model — the wagon version of the Parisienne/Bonneville— and as the traditional Pontiac designation for a station wagon. That meant that the wagon we're looking at now was a Safari but not the Safari in the 1988 Pontiac universe. The 6000 lived on the GM A-Body platform, as the Pontiac-badged version of the Chevrolet Celebrity. Production ran from the 1982 through 1991 model years, with the A-Body Buick Century surviving all the way through 1996. The LE trim level came between the base 6000 and the gloriously complex 6000 STE (which wasn't available in wagon form, sadly). I visited this yard in Fargo after judging at the Minneapolis 500 24 Hours of Lemons in Brainerd, Minnesota, last fall. Up to that point, I had visited 47 of the Lower 48 United States, with just North Dakota remaining, so I made a point of doing a Fargo detour in order to check that state off my list. I'm pleased that I found such a good example of the 1982-1996 GM A-Body in this yard, because the most famous of all the A-Bodies is the 1987 Oldsmobile Cutlass Ciera driven to Brainerd by the inept Fargo-based kidnappers in the film "Fargo." This Minnesota-plated 6000 had some rust, but just negligible levels by Upper Midwestern standards on a 31-year-old car. The interior looked very good, with the original owner's manual still inside. The 6000 LE boasted "redesigned contoured seats and London/Empress fabric," which sounds pretty swanky. Something less swanky lives under the hood: an Iron Duke 2.5-liter pushrod four-cylinder engine, known as the Tech 4 by 1988. The Iron Duke was, at heart, one cylinder bank of the not-quite-renowned Pontiac 301-cubic-inch V8; while fairly rugged, the Duke ran rough (typical of large-displacement straight-four engines) and made just 98 horsepower in this application. Pontiac offered a couple of optional V6s in the 6000 in 1988, but no Quad 4.