The 8 speed automatic transmissions in several GM vehicles, including five model years during the C7 Corvette era, have been the subject of five separate class action lawsuits claiming defects.
Now, Michigan Judge David M. Lawson has consolidated the five suits and also dismissed two claims one for implied warranty for all plaintiffs that fall under the laws of Alabama, Arizona, Connecticut, Idaho, Kentucky, North Carolina, Tennessee, Washington, and Wisconsin & another for one plaintiff who claimed class-wide monetary damages under the Colorado Consumer Protection Act.
Judge Lawson will allow other allegations in the suit to proceed, including certain other claims related to implied warranty.
The judge also acknowledged that the complaints put forth by plaintiffs could be consistent with either materials/workmanship defects or a design defect.
He also did not dismiss claims that GM knew there were issues with the 8 speed transmission before it put affected vehicles on sale, saying “plausible inferences may be drawn that GM had substantial knowledge about the looming problems with its new transmissions before any of the plaintiffs’ purchases were made.”
The suits allege that GM’s 8L45E and 8L90 automatic transmissions can cause slipping gears, shifting into gear aggressively, shuddering or jerking, delayed acceleration, and trouble slowing down.
GM argues that because all these transmissions experience these problems, they are caused by a design defect and the suits should be dismissed because GM’s express warranty only covers defects in materials and workmanship.
Other allegations in the suit can proceed, the judge ruled, including certain other claims related to implied warranty. Lawson also noted that the complaints could be consistent with either materials/workmanship defects or a design defect.
He also allowed claims to continue that GM was aware of the transmission issues before the vehicles were sold, saying “plausible inferences may be drawn that GM had substantial knowledge about the looming problems with its new transmissions before any of the plaintiffs’ purchases were made.”
The affected Corvettes include 2015-19 models with A8
The first year of the C7 generation featured a 6 speed automatic transmission that is not included in the suits.
Other GM vehicles affected :
• 2015-2017 Cadillac Escalade
• 2015-2017 Cadillac Escalade ESV
• 2016-2019 Cadillac ATS
• 2016-2019 Cadillac ATS-V
• 2016-2019 Cadillac CTS
• 2016-2019 Cadillac CTS-V
• 2016-2019 Cadillac CT6
• 2015-2019 Chevrolet Silverado
• 2017-2019 Chevrolet Colorado
• 2016-2019 Chevrolet Camaro
• 2017-2019 GMC Canyon
• 2015-2019 GMC Sierra
• 2015-2019 GMC Yukon
• 2015-2019 GMC Yukon XL
• 2015-2017 GMC Yukon Denali
• 2015-2017 GMC Yukon Denali XL