Some owners have been complaining ever since the 2015 Z06 came out that a design defect causes the 650-horsepower Z06 engine to overheat when racing. That makes the car useless for the purpose they allege that GM promoted all along by claiming in public that the Z06 was bred from racing stock.
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.”
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