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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

GM knew about fatal Chevy ignition problem decade before recall

Well, this is not good for General Motors. Following a report last week that GM was recalling 778,000 Chevrolet Cobalt and Pontiac G5 compacts over concerns that the ignition could switch out of the "run" position without warning, USA Today reports that the Detroit-based behemoth knew about the issue, which affected 2005 to 2007 Cobalts (the Cobalt shown above and in the gallery is from 2010) and 2007 Pontiac G5s, all the way back in 2004.
The information comes from a deposition in a civil lawsuit against GM, obtained by USA Today, which claims that a GM engineer experienced the issue while the then-new model was undergoing testing. The issue was "solved" when a technical service bulletin was issued in 2005, informing dealers to install a snap-on key cover on the cars of customers who complained about the issue. According to the Cobalt's program engineering manager, Gary Altman, the cover was an "improvement, it was not a fix to the issue."
The case where the depositions were made was from 2010, and involved Brooke Melton, a 29-year-old pediatric nurse in Georgia who was killed on her birthday. At the time, police claimed she was going too fast on a wet, rural road, although it later came out through the black box that her car's ignition had come out of the "run" position at least three seconds before the accident (the max amount of time a black box records before a wreck), disabling her airbags, power steering and anti-lock brakes. According to USA Today, police said Melton was "traveling too fast for the roadway conditions," although it's impossible to know if she'd have been in the wreck, which injured the occupants of another vehicle, had her 2005 Chevy not shut off. GM settled the Melton family's case, although the details remain confidential.

This 1988 Pontiac Grand Prix Daytona 500 pace car could be yours

Hopefully, the fans of GM's W-body '80s/'90s intermediates can forgive us, but we had pretty much forgotten — or had never really known — that one of the ways that era's Pontiac Grand Prix bathed itself in glory was by serving as the pace car for the Daytona 500. In fact, the Grand Prix paced NASCAR's marquee race every year from 1988 to 1992, and again in 1997, 1998, 2000 and 2003. That first year, 1988, the Grand Prix was all-new, making its debut on the W-body platform. It was also Motor Trend's car of the year. The 1988 Daytona 500 marked the 17th year in a row that a Pontiac was chosen to set the pace but the first time a front-wheel-drive car was so honored. The '88 Grand Prix followed a spate of Pontiac Trans Ams. This '88 Grand Prix, for sale right now on eBay Motors, is presented as an actual pace car, although fans could order a complete set of pace car decals for their very own GP. The pace car is based on that year's top-spec Grand Prix, the SE. In place of the standard car's 2.8-liter V6, however, the pace car uses a modified 3.1-liter V6, which is hooked to a five-speed manual transmission. This Grand Prix is otherwise largely standard fare excepting the roof-mounted light bar, the switches for which are located next to the radio. The mechanical odometer tucked into the digital instrument cluster shows just over 5,000 miles, and presumably, not all of them were acquired on the high-banked oval. With four days to go in the auction, bidding sits at $4,000 with the reserve unmet. Although the reserve is unknown, one clue is that this Grand Prix had been listed by a classic-car dealership in Pennsylvania for $18,500. Besides the debut of the W-body Grand Prix pace car, the 1988 race is also notable for its final lap: Bobby Allison held off his son, Davey Allison, to take the checkered flag, with the father-son duo enjoying a 1-2 finish. Now, who wants to re-live those Grand Prix glory days? Get on your Pontiac and ride!   This content is hosted by a third party. To view it, please update your privacy preferences. Manage Settings.