Filed in New Jersey federal court, by plaintiffs Christopher Johnson and Tara Follari-Johnson, the lawsuit claims that GM knew, or should have known, about the alleged defect, but continued to sell the cars. The lawsuit further claims that the alleged defect poses a hazardous safety risk to drivers and that even when GM agrees to fix the steering system, it only replaces the allegedly defective steering rack with the same or similarly defective components.
"When class members present to GM' authorized dealerships complaining of the steering defect, the dealerships recommend repairs such as replacing the steering rack or steering gear assembly,"the plaintiffs said. "However, these repairs only temporarily mask the problem."
The lawsuit alleges GM is in violation of the New Jersey Consumer Fraud Act and the Magnuson-Moss Warranty Act, and in breach of implied warranty of merchantability and express warranty and common law fraud.
The plaintiffs propose to represent a nationwide class of owners and lessees of 2011-2014 Chevrolet Volt bought or leased new in New Jersey and a subclass of national class members who live in New Jersey. There are at least 100 members of the proposed class, according to the plaintiffs, and their claims are more than $5 million.
"Complaints that consumers filed with National Highway Traffic Safety Administration and posted in discussion forums demonstrate that the defect is widespread and dangerous and that it manifests without warning,"the complaint states. "The complaints further indicate defendants' knowledge of the defect and its danger." The plaintiffs are represented by Joel T. Glucksman of Scarinci Hollenbeck LLC and Jordan L. Lurie, Robert K. Friedl, Tarek H. Zohdy and Cody R. Padgett of Capstone Law APC.
The case is Johnson and Follari-Johnson v. General Motors LLC, case number 2:14-cv-07924, in the U.S. District Court for the District of New Jersey.