Eight-Speed Headache: Federal Judge Combines Class Action Lawsuits

A Michigan judge is allowing a transmission lawsuit against GM to proceed.

Owners of GM vehicles equipped with the 8L45E and 8L90 automatic transmissions should be pleased. This week, Judge David M. Lawson of Michigan ruled to consolidate five class-action lawsuits into one, and is allowing the case to proceed.

Plaintiffs argue that design defects cause these transmissions to perform poorly. Reported issues range from slipping gears to aggressive shifting (not the good kind), shuddering, jerking, problems with accelerating, and problems with slowing down once at speed. Five model years’ worth of C7 Corvette owners are affected, as well as thousands of owners of other GM vehicles.

Corvette owners from 2015 to 2019 should follow this case closely. Owners of 2014 C7 Corvettes need not worry – that year still used the older six speed automatic. Regular readers of Corvette Forum will be familiar with these frustrating problems. They are a frequent topic of forum discussion.

Playing the Blame Game

GM argues that the suit should be dismissed because the issue is caused by a design defect, not a problem with materials and workmanship. If the issue was caused by material defects or assembly errors, it would be handled under the car’s warranty.

Judge Lawson is nevertheless allowing the case to proceed. According to Corvette Blogger, he thinks that the reported issues could be consistent with a material defect. He also states that it’s possible that GM was aware of the issue before the units in question were built and sold.

While five of the suits were combined and allowed to proceed, Judge Lawson did deny two claims. One was for residents of Alabama, Arizona, Connecticut, Idaho, Kentucky, North Carolina, Tennessee, Washington, and Wisconsin under an implied warranty claim. Those claims will be handled instead at their individual state level. The other, which represented a single plaintiff, sought monetary damages under the Colorado Consumer Protection Act.

Hopefully, this case will result in satisfaction for thousands of affected car owners. We can’t imagine the frustration of buying a new car – especially a new performance car – and experiencing all of these issues.

Photos: General Motors

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