Attorneys for General Motors are making their arguments to try and get a judge to approve a motion to dismiss a class action lawsuit filed against GM for engine overheating in the seventh generation Corvette Z06.
GM has fired back, though, and claims that the Z06 is indeed not a race car and has limitations like any vehicle. “Its performance, especially at top speeds, also depends heavily on the driver’s skill and attention,” the motion to dismiss argues. “The Z06 owner’s manual gives detailed instructions for track driving. There is no allegation that any of these plaintiffs followed these instructions.”
Plaintiffs lawyer Stuart Grossman of Grossman Roth Yaffa Cohen in Coral Gables, Fla., claims that the situation is “terribly uncomplicated,” in an online story posted by Daily Business Review. GM “put a premium on the size to keep it aerodynamic and small and sleek, when the area in which the engine is housed is inadequate to give it proper ventilation,” Grossman said.
GM is asking U.S. District Judge Darrin Gayles to dismiss the suit, arguing that the plaintiffs all bought their cars from independent dealers. “Plaintiffs thus cannot allege a duty to disclose because they did not have, and do not allege, any direct relationship with GM,” the Sept. 25 motion to dismiss argues.
In the Daily Business Review story, Grossman said the claims involve General Motors dealers who could not offer a repair or replacement for the plaintiffs’ cars.
“Unlike air bag litigation, where there could be numerous factors involved in that, this whole thing is contained under the GM umbrella, and that’s why there’s only one defendant,” he said. “One corporation is responsible for the design, manufacture, sale and repair of the product.”
Source:
DailyBusinessReview.com
Related:
Florida Attorney Behind Class-Action Lawsuit is also a Corvette Z06 Owner and HPDE Enthusiast
GM Facing Class Action Lawsuit Over C7 Corvette Z06’s Cooling Issues
Lawsuit Filed Against GM By Family of Man Who Died Inside his Corvette
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GM is correct. The ZO6 was never touted as a consumer version of the race bred C7R. Under DE 20 minute track day sessions it is just fine. Anyone who wants to drive it (or any other production vehicle) in SCCA class competition would modify ALL systems including cooling. Just common sense!
GM needs to man up and take responsibility.
It will pull timing (and about 300 HP with it) and eventually go into limp mode before 2-3 laps depending upon how competent the driver is behind the wheel. The Z06 is advertised as a track prep package.
What we are saying, and agreeing upon, is that the Z06 ($100k+) is for looks only. Its an expensive fashion statement.
If you want an everyday car that can track without a litany of excuses and exceptions from the manufacturer, buy a Porsche.
Mine didn’t make it fifteen minutes before it went into limp mode at the NCM Motorsports Park. “This dog don’t hunt!”
In the manual it reads, drain the oil, fill with Mobil 1. 50 weight and start racing. When you’re done racing drain and refill with Mobil 1 5W30 and you’re back to normal
Buy a Porsche? Like the one on Jay Leno’s garage that threw a rod just idling before he even had a chance to test drive it? I think I’ll pass Rich!
Did I read they did make cooling improvements to the 2018 models? Or is that also a problem on those? By doing so, is that an admission of guilt and they have a fix that is backward compatible, covered by a recall? I find it ironic that they also are now offering a suspension software update for Magnetic ride – for a mere $350. What happened to free software updates under warranty?
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