Santa Clara, CA: General Motors Co, (GM) is facing a defective automotive class action lawsuit brought by Cadillac owners in the US who allege the car maker knew about a sunroof defect in its 2010-2013 Cadillac SRXs that lets water leak into the interior but refused to cover it under the vehicles’ warranties. According to the proposed lawsuit, some 222,000 Cadillac SUV owners are affected.
Filed by lead plaintiff Kelley Gaines, the complaint alleges that affected vehicles were either designed or built with defective sunroof seals or drains that enable water from the exterior of the vehicles to enter the passenger area, damaging carpets and interior components including wiring.
The complaint also states that GM redesigned or corrected the defect on all SRX models after 2013, thus raising a reasonable suggestion that there was a defective with its 2010-2013 models.
“According to defendant’s documents and records as early as August 2013 and during the original express warranty period, defendant identified the nature and cause of the leaking sunroof defect in the class vehicles and the recommended repair and/or correction,” the lawsuit states. Further, Gaines claims that even though GM was aware of the alleged defect, she and others similarly situated, were still required to fix the problem at their own expense.
According to the complaint, GM issued a bulletin in August 2013 referring to a water leak in the affected mid-size SUVs. That bulletin allegedly stated that some customers may complain of a leak in the driver or front passenger floor area or find the front carpet wet. The bulletin went on to state that the most common causes of the water ingress are spaces in the sunroof sealant, partially connected or partially sealed sunroof drain hose components or improperly placed or sized drain hoses, according to the complaint.
The class vehicles came with a four-year, 50,000-mile limited warranty that covered the entirety of the vehicles, and that were registered in the US or Canada. Additionally, the 2011-2013 models also came with “Cadillac Shield,” which the company advertised as “the most comprehensive suite of owner benefits by any luxury automotive brand in the world,” the lawsuit states. According to Gaines, by not covering the alleged defect under those programs, GM violated its own warranties.
The lawsuit states that in 2010, Gaines bought a new 2010 SRX. She discovered the leaking sunroof defect in late February 2017, after finding her floorboard carpet was soaking wet. Both sunroof drain tubes were replaced after a mechanic found that the right front sunroof drain hose was loose and the drain wasn’t seated properly, according to the complaint.
Gaines seeks to represent a class that involves anyone who bought or leased a GM Cadillac 2010-2013 SRX with a defective sunroof.
Gaines is represented by Robert A. Waller Jr. of the Law Office of Robert A. Waller Jr. and by Patricia L. Zlaket of Zlaket Law Offices APC.
The case is Gaines v. General Motors Co. et al., case number 3:17-cv-01351, in the U.S. District Court for the Southern District of California.
I have a 2013 Cadillac SRX currently in a Cadillac Service Center for many issues among this one and was informed that I must bare the cost for repairing an issue that apparently Cadillac has been aware of far before the production of my Cadillac model. This needs to be addressed by Cadillac or GM, not the owner if owner was not advised of said issue and instead was forced to do research on the matter only to find they have been aware all along, yet I was not! And I have to cover cost - sounds like a law suit to me!!
Posted by Laura B
I have a 2013 SRX and the liftgate closes seconds after I open it.
Called a dealer and there's no recall for this problem, yet I see many issues posted about this exact problem.
This should be a "Recall".
Posted by Trisha
I too, owned a 2013 Cadillac SRX that had a faulty seal around the sunroof. I had water leak into the area below my spare wheel compartment in the back-where wiring was located. This caused my lift gate to stop working. I understood this to be the result of a faulty part installed in my vehicle and thought that GM was solely responsible for covering the cost of repair. Looking into the issue, there was a recall on the 2012 SRX for the same problem. They said that the problem was fixed and that my 2013 would not be covered. I responded that they obviously did not fix the problem.I spent thousands of dollars fixing this vehicle. I became so frustrated with GM/Cadillac that I have since sold this vehicle. I assumed that I was buying the best when buying a Cadillac and was sorely mistaken. I will be following this lawsuit and hope that this issue will be resolved for all Cadillac owners.
Posted by R. Finney
Is this only if you are in California?
Posted by R. Finney
Can you join the class action lawsuit if you are in Texas? 2 years after mine was fixed our headliner clips broke and sunroof can’t open. Headlight fill with water.
Posted by yahanna
I have the same problem with my 2008 cts.
Posted by S.B
I have the same issue with 2012 srx in canada bc. Water leak caused liftgate module to fail. Researching legal options.
I suspect that with the heavy rain here in the last year , problem got worse for a lot of owners. I first noticed liftgate stopped working dec 5th ish...also was hearing water sloshing sounds but didnt know where they were coming from. Then wet interior carpets and inside condensation.
Posted by Brian Bishop
I have the same issue with 2011 SRX but live in Canada. Do you know of any litigation in Canada
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