General Motors Argues Against Brake Failure Lawsuit for Dismissal
Drivers claim that General Motors knowingly sold SUVs with failing brake master cylinders. However, the automaker is fighting back by claiming the plaintiffs have no case. The brake cylinders were replaced for free.
General Motors motions to dismiss brake failure lawsuit
According to a lawsuit filed by owners of General Motors SUVs, the master brake cylinders are unsafe. They make the vehicles unreliable and diminish their value.
The lawsuit includes:
The plaintiffs experienced brake master cylinder failure in Traverse SUVs. They claim the automaker knowingly sold vehicles with master cylinders that were defective and would fail.
Allegedly, instead of repairing the problem, General Motors tried to cover up the braking defects despite knowing it would put drivers in danger. However, each plaintiff had their master cylinders replaced for free.
They now claim the automaker took too long to make the repairs. However, GM motions to dismiss the lawsuit. The plaintiffs fail to allege any actual injury or damages from the alleged defect or repair.
Plus, there are no reports of braking issues made after the free repairs. According to CarComplaints, they don’t allege that they incurred any out-of-pocket costs related to braking issues or repairs.
There is no evidence that GM knew about the supposed master cylinder defect before dealerships sold the SUVs. While the lawsuit does reference a service update, the automaker claims that it’s unrelated to the defect that’s the subject of the class action.
Also, the complaints about violating lemon laws fail as the plaintiffs didn’t follow the informal dispute settlement procedure that the laws require.
