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GM Facing Class Claims Over Chevy Malibu Defects

Elizabeth DiNardo, Esq. | Associate Counsel

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On May 24, 2019, class claims were filed in Maryland federal court against General Motors LLC (“GM”) alleging that the American car maker knowingly sold and leased thousands of 2016-2018 Chevy Malibu vehicles (“class vehicles”) equipped with a defective electronic throttle control and/or accelerator pedal position sensor.In the complaint, named plaintiff Katrina Hutchinson alleges that GM was aware of the dangerous defect in the class vehicles and yet made no attempts to warn consumers of the risks the defect created. Specifically, the suit claims that the defective electronic throttle control and/ or accelerator pedal position sensors cause affected vehicles to abruptly lose power at high speeds. The abrupt loss of speed has caused drivers to lose control of their vehicle, resulting in dangerous accidents. Plaintiff argues that GM has chosen financial gain over the safety of its customers by omitting disclosure of the critical defect in its vehicles.

The suit brings causes of action for violation of the Magnuson-Moss Warranty Act, breach of express warranty, breach of implied warranty, violation of the Maryland Consumer Protection Act and unjust enrichment. Additionally, Plaintiff is seeking more than $5,000,000 in damages to offset the cost of inspecting and replacing the defective electronic throttle control and/or accelerator pedal position sensors. The suit also demands equitable relief, including an order requiring GM to adequately disclose and repair the defect. Finally, Plaintiff requests injunctive and declaratory relief, restitution, disgorgement of profits, attorney’s fees and costs and punitive damages.

The case is: Hutchinson v. General Motors LLC, Case No.: 8:19-cv-01551, in the U.S. District Court for the District of Maryland.

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