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#4948 - 11/17/20 02:04 PM C7 Corvette Cracked Rims Lawsuit Renewed  
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C7 Corvette cracked rims lawsuit has been dismissed after the car owner failed to convince a federal judge the wheels were defective from the time the Corvettes were sold.

The California plaintiff purchased a new 2018 Corvette from a General Motors dealer, but upon the purchase he took the car directly to a third-party auto shop.
At the shop, a third-party wheel finisher picked up the rims to have them coated.

The wheel finisher recorded a video which allegedly showed the Corvette rims were bent.
The plaintiff says he had to pay $7,500 to replace the wheels, so he complained to his GM dealer and asked that the rims be covered under the warranty.

The GM dealer allegedly told the plaintiff the rims were warped because of his driving and that no repairs would be covered by the warranty.
The Corvette owner says he kept complaining and GM finally agreed to pay $1,200 of the $7,500.

According to the Corvette cracked rims class action lawsuit, 2015-present Chevy Corvette Z06 and 2017 present Corvette Grand Sport cars are equipped with rims that crack, bend and warp.
The plaintiff claims GM has known about the alleged problem but conceals information as Corvette drivers continue to file complaints.
GM Files Motion to Dismiss the Corvette Cracked Rims Lawsuit

In its motion to dismiss the lawsuit, General Motors first attacks the breach of express warranty claim by arguing the plaintiff never stated a plausible claim.

According to the Corvette owner, GM sold and leased cars “with wheels that were defective, requiring repair or replacement within the warranty period, and refusing to honor the express warranty by repairing or replacing, free of charge, the wheels.”

However, the judge agreed with GM by ruling the owner failed to allege any defect in materials or workmanship, as opposed to a defect in the design.

The warranty applies to “any vehicle defect, not slight noise, vibrations, or other normal characteristics of the vehicle due to materials or workmanship during the warranty period.”
But GM argued the phrase, “due to materials or workmanship” clarifies what defects are covered.

According to the judge, the warranty applies to any defect due to materials or workmanship during the warranty period, but not to defects involving "slight noise, vibrations, or other normal characteristics of the vehicle."

To state a claim for breach of express warranty, the plaintiff must allege the defect is due to materials or workmanship.
However, the plaintiff does not allege any defect in materials or workmanship but rather alleges the “wheels suffered from an inherent defect [and] were defectively designed.”

The judge also said the warranty requires a customer to take the vehicle “to a Chevrolet dealer facility within the warranty period and request[ed] the needed repairs.” Instead, the Corvette owner alleges he had a third-party repair the rims and then he contacted GM about getting reimbursed.

Judge Cormac J. Carney also dismissed a breach of implied warranty claim related to the Song-Beverly Act. According to the judge, to state a claim under the Song-Beverly Act, “a plaintiff must allege a fundamental defect that renders the product unfit for its ordinary purpose.”

However, the Corvette owner failed to allege his car suffered a "persistent defect that could not be addressed through repair or replacement of an isolated component."

The judge said the plaintiff didn't allege he had any more problems with the wheels after they were replaced, other than when the owner said GM replaced his wheels with “similarly defective wheels.”
The judge found this argument contradicts the owner's allegations that a third-party wheel finisher, not GM, replaced his wheels.

Judge Carney also dismissed remaining claims concerning deceptive practices and fraud which require the plaintiff allege General Motors had pre-purchase knowledge of the alleged Corvette rim defects.

"To successfully allege a manufacturer was aware of a defect, a plaintiff is typically required to allege how the defendant obtained knowledge of a specific defect prior to the plaintiff’s purchase of the defective product." - Judge Carney

According to the Corvette owner, GM must have known about cracked wheels based on complaints made to the government and other forums.

But the judge found 30 of the complaints were filed after the plaintiff purchased his Corvette.
This leaves only 11 customer complaints made before his purchase, and even a number of those suggest the rims cracked due to driver errors or road conditions.

The Corvette cracked rims lawsuit was filed in the U.S. District Court for the Central District of California - Nardizzi, et al., v. General Motors LLC.

Last edited by teamzr1; 05/24/21 02:38 PM. Reason: Was dismissed but moved forward again

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#5115 - 05/24/21 02:31 PM Re: C7 Corvette Cracked Rims Lawsuit Dismissed [Re: teamzr1]  
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Other lawsuits on this is being allowed to move forward

May 23, 2021 A Corvette cracked wheels lawsuit will continue as a federal judge refused to dismiss most of the claims which allege the Chevy rims crack, bend and warp.
Included in the cracked wheels class action lawsuit are 2015-2019 Chevrolet Corvette Z06 & 2017-2019 Chevrolet Corvette Grand Sport cars in the U.S.
According to the Chevy Corvette cracked wheels lawsuit, General Motors equipped the cars with cast aluminum alloy wheels that cannot handle the torque and power input from the cars.

The 18 plaintiffs claim the cast wheels are too weak and GM allegedly knew the rims should have instead been forged.
Additionally, GM allegedly used less material than needed to save on weight borne by the suspension.
The Corvette lawsuit alleges this causes deformed & cracked wheels which can cost thousands of dollars to replace.

The cracked wheels lawsuit also alleges GM replaces the defective wheels with equally defective wheels at as much risk of cracking and warping as the original rims.
The plaintiffs claim their Corvettes wobble and vibrate when the rim flanges deform, while cracks in the barrels cause the tires to lose air pressure as the wheels lose strength.
According to the Corvette cracked wheels lawsuit, the wheels can fail while under the loads of braking.

The plaintiffs argue Corvette owners routinely pay nearly $1,000 just to replace one cracked wheel with "an equally defective replacement wheel."

General Motors allegedly conceals the defects by telling Corvette owners the wheels are not defective and the cracks were caused by potholes or driver error.
Chevy Corvette owners who sued allege GM dealers refuse to repair or replace the cracked wheels under warranty, and the automaker allegedly won't recall the vehicles to replace the wheels with alternate rims.

Replacing the cracked Corvette wheels with the same GM wheels allegedly causes owners to spend great amounts of money to constantly replace the wheels with the same defective GM wheels, even when the cars may have only a few thousand miles on them.

In one example, a Corvette owner said he paid $4,700 to replace three of his wheels with only 1,100 miles on the odometer.

Motion to Dismiss the Corvette Cracked Wheels Lawsuit

General Motors filed a motion to dismiss the Chevy Corvette class action but the judge ruled most of the claims can move forward even though many questions remain unanswered.
GM argued express warranty claims should be dismissed because the plaintiffs are talking about an alleged design defect which is not covered by the Corvette warranty.

In addition, the automaker said the plaintiffs pleaded no facts to allege their wheel problems were not caused by normal wear or road hazards.
Some of the plaintiffs allegedly also never even took their Corvettes to dealers, and GM says some customers also voided the warranties by using non-GM parts through non-GM repair facilities.

GM also told the judge certain plaintiffs didn't even claim their cars were within the warranty periods when the cars were brought to dealerships.
However, the judge ignored all of GM's arguments, even ruling claims should not be dismissed for failure to seek repairs within the time and mileage limits of the warranties.

The judge also ruled in favor of the plaintiffs regarding Magnuson-Moss Warranty Act (MMWA) claims which GM argued should be tossed out because there aren't at least 100 named plaintiffs. According to the judge, the claims can continue at this stage even though there are only 18 plaintiffs.

The Corvette cracked wheels lawsuit found the judge dismissing unjust enrichment claims, but ruling multiple claims against GM can move forward including MMWA, express warranty, implied warranty, consumer protection and injunctive relief claims.

The Chevrolet Corvette cracked wheels lawsuit was filed in the U.S. District Court for the Eastern District of Michigan: Bossart, et al., vs. General Motors LLC.


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