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goof2 08-21-2011 02:03 PM

That was some other GM, not us.
 
http://www.reuters.com/article/2011/...77I0Z820110819

GM says bankruptcy excuses it from Impala repairs
Fri, Aug 19 2011
* New GM said not responsible to fix Impala made by old GM
* Suspension problem said to cause excessive tire wear
By Jonathan Stempel
NEW YORK, Aug 19 (Reuters) - General Motors Co (GM.N: Quote, Profile, Research, Stock Buzz) is seeking to dismiss a lawsuit over a suspension problem on more than 400,000 Chevrolet Impalas from the 2007 and 2008 model years, saying it should not be responsible for repairs because the flaw predated its bankruptcy.
The lawsuit, filed on June 29 by Donna Trusky of Blakely, Pennsylvania, contended that her Impala suffered from faulty rear spindle rods, causing her rear tires to wear out after just 6,000 miles.
Seeking class-action status and alleging breach of warranty, the lawsuit demands that GM fix the rods, saying that it had done so on Impala police vehicles.
But in a recent filing with the U.S. District Court in Detroit, GM noted that the cars were made by its predecessor General Motors Corp, now called Motors Liquidation Co or "Old GM," before its 2009 bankruptcy and federal bailout.
The current company, called "New GM," said it did not assume responsibility under the reorganization to fix the Impala problem, but only to make repairs "subject to conditions and limitations" in express written warranties. In essence, the automaker said, Trusky sued the wrong entity.
"New GM's warranty obligations for vehicles sold by Old GM are limited to the express terms and conditions in the Old GM written warranties on a going-forward basis," wrote Benjamin Jeffers, a lawyer for GM. "New GM did not assume responsibility for Old GM's design choices, conduct, or alleged breaches of liability under the warranty."
David Fink, Trusky's lawyer, declined to comment.
John Penn, a former president of the American Bankruptcy Institute who is not involved in the case, said the question of "successor liability" is common for manufacturing companies that go through bankruptcy.
"The fact it comes up now is not a surprise, as this type of issue was widely discussed during GM's bankruptcy," said Penn, now a partner at Haynes and Boone in Fort Worth, Texas. "The court will need to evaluate the claims to see if they fit within any cubbyhole of liability that New GM assumed."
GM said an argument similar to Trusky's failed this year in a case involving its OnStar security and navigation product.
"There are no specific factual allegations that New GM -- as opposed to Old GM -- did anything at all in relation to her vehicle," Jeffers wrote. "Plaintiff here is trying to saddle new GM with the alleged liability and conduct of old GM."
In late afternoon trading, GM shares were down $1.62 at $21.98 on the New York Stock Exchange.
The case is Trusky v. General Motors Co, U.S. District Court, Eastern District of Michigan, No. 11-12815. (Editing by Robert MacMillan)

Corey 08-21-2011 02:32 PM

Does that mean New GM will not be allowed to use the nostalgic ties to the past to sell cars like the Camaro and Corvette? Old GM made those. New GM made... the Volt?

Avatard 08-21-2011 03:20 PM

Right? They want to lay claim to all the history, but none of the responsibilities.

Nice.

Sounds like a trustworthy company to buy a car from, huh?

Amazed that they're running with that idea.

fujimoh 08-21-2011 05:39 PM

So would that also mean that if you had a loan from pre-bankruptcy GMAC, you don't have to honor it now?

Particle Man 08-21-2011 07:43 PM

Quote:

Originally Posted by fujimoh (Post 486497)
So would that also mean that if you had a loan from pre-bankruptcy GMAC, you don't have to honor it now?

That's what I was gonna say. Sounds like they want all the perks and status of "GM" without the associated baggage. My next vehicle will NOT be a GM.

Homeslice 08-21-2011 08:07 PM

LOL......what happened to GM's claims that their bankruptcy would not affect owners

Corey 08-21-2011 08:28 PM

Quote:

Originally Posted by Homeslice (Post 486505)
LOL......what happened to GM's claims that their bankruptcy would not affect owners

That was Old GM.

derf 08-21-2011 09:29 PM

Quote:

Originally Posted by Homeslice (Post 486505)
LOL......what happened to GM's claims that their bankruptcy would not affect owners

Quote:

Originally Posted by Corey (Post 486509)
That was Old GM.

hahahahahaha

101lifts2 08-22-2011 02:35 AM

I don't understand...if your vehicle is still in warranty, then your suspension components should be covered and will be covered. But...if it's older than 3 years, it's out of warranty and you need to pay for the repairs.

This whole notion that the government has to constantly get involved with shit is insane. Listen, if GM treats the customer like shit, then the customer is not going to buy anymore GM products. Simple as that. If GM is OK with this, then they aren't going to be around much longer.

Most OEMs in other countries don't even offer warranties...

fujimoh 08-23-2011 07:24 AM

Quote:

Originally Posted by 101lifts2 (Post 486549)
I don't understand...if your vehicle is still in warranty, then your suspension components should be covered and will be covered. But...if it's older than 3 years, it's out of warranty and you need to pay for the repairs.

This whole notion that the government has to constantly get involved with shit is insane. Listen, if GM treats the customer like shit, then the customer is not going to buy anymore GM products. Simple as that. If GM is OK with this, then they aren't going to be around much longer.

Most OEMs in other countries don't even offer warranties...


Uummhhh, isn't this why GM had to be bailed out to begin with?


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