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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

World's only 1964 Pontiac XP-833 Banshee coupe for sale by Kia dealer

It seems like there has been a spate of especially odd car sales in the first part of this especially odd year, from the numerous barn finds and homebrew specials to the time capsule cars — like the BMW wrapped in a protective bubble for 23 years. Napoli Kia in Milford, Connecticut, brings us another, via Motor1. Len Napoli is the dealership principal and die-hard Pontiac maven; his father opened Napoli Pontiac in 1958, and Len held onto the franchise until the early 2000s, just before GM shuttered the brand that built excitement. Napoli got hold of the 1964 Pontiac Banshee XP-833 coupe concept, and put the car up for sale through his Kia dealership for $750,000. The exceptional price comes from the fact that Pontiac built two Banshee concepts in 1964, one this silver coupe with a red interior, the other a white roadster, making each concept a one-of-one collector car.      Motor Trend wrote a detailed piece on this one in 2013, the editorial tour hosted by Bill Collins, the Banshee's lead engineer. The short story is that GM exec John Z. DeLorean — yes, him —  gave approval to a small crew at Pontiac to create a two-seater sports car to compete with the Mustang, because GM had nothing to fend off the four-seat coupe that would sell one million units in just 18 months on the market. Collins and his team took inspiration from the 1963 Corvair Monza GT concept, working up a fiberglass body over a steel frame, with a 230-cubic-inch overhead-cam straight-six producing 165 horsepower and 216 pound-feet of torque, a four-speed manual transmission, and 9.5-inch drum brakes at all corners. The idea was that the XP-833 would be "an affordable and fun two-seat sports car," the concept demonstrating the base-model price leader offering a lengthy list of options for those who wanted more. The white roadster, in fact, fitted a 326 cubic-inch V8 under the hood. Rumor says that Chevrolet execs didn't like having another two-seater sports car in the GM fold, especially one with a fiberglass body that held weight down to 2,200 pounds. GM execs took one look at the two concepts in 1965 and shut the project down. The two XP-833s lived in a garage for years, Collins and his colleague Bill Killen getting permission to buy the cars from GM in 1973 before Collins left to help engineer the DeLorean DMC-12. It wasn't until just before Collins departed that the XP-333 got the name Banshee.

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.