01-06-2021, 05:13 PM | #1 |
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Class Action GM Eight-Speed Transmission Lawsuit Hits A Snag
The article claims that this is GM’s defense:
GM has argued that these claims should be thrown out, as its express warranty only covers defects that relate to materials and workmanship, and not design defects. The suits claim that all 8L45E and 8L90E transmissions experience these problems, which implies the problems are related to a design defect instead, the automaker said. https://gmauthority.com/blog/2021/01...t-hits-a-snag/ |
01-06-2021, 05:23 PM | #2 |
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So what is the definition of workmanship? Could it include poor design? The art and skill of the engineers might be in question here but heck I'm no attorney. I have a 6 speed so not invested in this but either way seems like a pretty thin position IMHO.
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01-06-2021, 05:24 PM | #3 |
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Since when is a automaker not responsible for a design flaw. That is the most retarded thing I've ever heard
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01-06-2021, 05:28 PM | #4 |
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I didn't have issue....not even once. I live in very dry climate though, which I believe is a big factor.
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01-06-2021, 05:31 PM | #5 |
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So basically, all manufacturers should just be able to get away with crappy designs then, because design defects aren't a warranty item.
200 IQ big brain logic right here. It's not like people can say, "Can't have problems with a GM car if you don't buy one." Sent from toaster or something
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01-06-2021, 05:40 PM | #6 |
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So by that logic, guess takata isn’t to blame for all those faulty airbags either eh?
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01-06-2021, 06:00 PM | #7 |
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GM will fail again, because they are the most un customer friendly. And that's why dealerships will fill there customers with BS stories just because they know General Motors can care less about their customers. When they fail Cotton Head Joe will bail them out once again. Why do you think fossil Joe drives a Chevy?
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01-06-2021, 06:13 PM | #8 |
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Under 400 miles on my new 2019 C7 and i had shudder.
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01-06-2021, 06:36 PM | #9 |
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That must mean I'm not violating the warranty because I put a blower on the car either.
The blower works fine, it's the engine that failed.
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01-06-2021, 06:59 PM | #10 |
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Design defects... Make sense. Otherwise people would sue Range Rover, Mercedes, Renault, BMW, Volvo, Maserati, Alfa Romeo, Ducati... oh the list goes on.
They don't last very long before they all take a poop... or super high maintenance cost. |
01-06-2021, 07:07 PM | #11 |
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That's a piss poor way to strand your customers and not take accountability for your faults.
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01-06-2021, 07:14 PM | #12 | |
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Quote:
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01-06-2021, 07:16 PM | #13 |
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According to the article, GM expressly admitted to the 8Lxx having design defects that are capable of causing the complaints in the action, which is very significant.
From this point on it's a matter of warranty coverage interpretation, which a good class action lawyer should have a field day with. Unless the warranty specifically excludes design defects (the legality of which is already questionable), I'm sure there are a million precedents of implied design defect coverage. Even looking at it from a common sense point of view, the first question the judge needs to ask when hearing this defense is "whose name is on the design documents, patents and trademarks?", "GM? well, then GM are the party responsible for the adequacy of said designs to their stated purpose". The Takata airbag example is a good parallel, too, and there are many others, tires, fuel tanks etc. BTW I'm not even part of this lawsuit, my A8 has been perfect (knocking on wood) and I'll let those with problems share in the payout, if any. One less mouth to feed from the "proceeds" if this ever goes anywhere
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01-06-2021, 08:58 PM | #14 |
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Their design defect argument seems weak. If that were the case, they would have never done any warranty work, fluid flushes, replacements, etc., on any of these transmissions.
What a turd argument, and so late in the game it doesn't pass the smell test. The design defect excuse is terrible PR will only make dealer repair and warranty experiences less customer friendly than ever. Good grief. If they expect everyone to swallow this bad design business on new cars that run crappy, they will suffer huge sales losses in the future. |
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