GM Orders Truck and SUV Brake Recalls Targeted in Class Actions
"While it is good that GM publicly acknowledged the defect and its inherent safety risk, they've misled Americans by implying that they can remedy a mechanical brake failure with an electronic software patch," Beasley Allen's Clay Barnett of Atlanta said.
September 13, 2019 at 05:52 PM
4 minute read
The original version of this story was published on Daily Report
General Motors Co. recalled nearly 3.5 million pickup trucks and SUVs targeted in two putative class actions in Florida and California federal courts filed on behalf of the vehicle owners.
The complaints alleged braking system defects in full-size SUVs and trucks made from 2014 to 2018. The actions were filed in the Northern District of Florida and the Central District of California.
Beasley Allen of Atlanta and Montgomery, Alabama, partnered with law firms in both venues: Cory Watson of Birmingham, Alabama; Kiesel Law of Beverly Hills, California; and Wyly-Rommel of Texarkana, Texas.
GM is defended in Florida by Ginger Boyd of Nelson Mullins Broad and Cassel in Tallahassee and Crowell & Moring's Jared Levine in New York and Kathleen Sooy in Washington.
The plaintiffs attorneys said the recalls won't fix the problems. They said the alleged failure is mechanical, but the recall repair is electronic.
GM had no response by deadline.
"While it is good that GM publicly acknowledged the defect and its inherent safety risk, they've misled Americans by implying that they can remedy a mechanical brake failure with an electronic software patch," Beasley Allen's Clay Barnett of Atlanta said in a news release Friday. "Ultimately, the failing mechanical vacuum pump at the heart of the defect should be replaced with a more robust unit."
GM documents posted by the National Highway Traffic Safety Administration say the amount of vacuum generated by the vacuum assist pump can decrease over time, according to the Beasley Allen lawyers.
The pump is lubricated by engine oil that passes through a filter screen before entering the pump. As the vehicle ages, oil sludge and other debris can accumulate on the filter, causing the pump to fail internally.
When this happens, the hydraulic braking system is seriously compromised, the suits claim. Vehicles may experience brake boost failure, which would require increased brake pedal effort, leading to a hard brake pedal feel, and potentially increased stopping distance, they allege.
Beasley Allen said drivers consistently report a stiff brake pedal that requires multiple times the normal leg force needed to depress the pedal and activate the hydraulic brakes, and some drivers report a simultaneous dashboard alert that the brake assist system requires servicing.
"The irreparable and defective braking system supplied in all of the Class Vehicles features a defective design that is prone to sudden and unexpected loss of vacuum in the brake booster, requiring replacement of the brake booster and/or the system's vacuum assist pump," the complaint said. "When Class Vehicles suddenly and unexpectedly lose vacuum, the resulting brake booster failure makes Class Vehicles difficult to stop: the brake pedal becomes hard, much more force is required from the driver to slow the vehicle, and stopping distance is severely and suddenly compromised. This defective braking system common to all Class Vehicles is a clear safety hazard that was never disclosed to any member of the class prior to purchase."
The lawsuits alleged GM has been aware of the problem since at least 2014, and "should have voluntarily recalled the Class Vehicles long ago."
Beasley Allen has a deep history of litigation against GM. The firm joined Atlanta plaintiffs lawyer Lance Cooper in a renewed lawsuit against the company over an ignition switch defect for Ken and Beth Melton, the parents of Brooke Melton. Discovery in their case led to GM recalls of 30 million cars with the same ignition switch, which was causing vehicles to shut off in traffic. The case also led to many more lawsuits.
The brake cases are: Scott Peckerar v. General Motors, 5:18-cv-02153-DMG-SP; filed in the U.S. District Court, Central District of California, and Jason Compton v. General Motors; 1:19-cv-00033-AW-GRJ; filed in the U.S. District Court, Northern District of Florida.
Read the Florida complaint:
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