Class Action Lawsuit Against GM for Shuddering 8-Speed Auto Transmission Survives Motion to Dismiss

By
Mitch Talley
-
8
32311

Class Action Lawsuit Against GM for Shuddering 8-Speed Auto Transmission Survives Motion to Dismiss

Photo Credit: Chevrolet


The saga of the “bucking transmissions” will continue for General Motors after a senior U.S. district judge recently failed to dismiss a lawsuit.

Judge David M. Lawson made the ruling in the Cole Ulrich, et al. v. General Motors LLC suit – a companion lawsuit to Speerly v. General Motors, a class action suit that includes only certain states and is currently in an appeals court.

Both suits concern certain 2015-19 GM vehicles, including some C7 Corvettes, with Hydra-Matic 8L90 and 8L45 transmissions.

Class Action Lawsuit Against GM for Shuddering 8-Speed Auto Transmission Survives Motion to Dismiss


The plaintiffs allege that the transmissions have two defects – automatic transmission fluid that lacks “robustness to moisture” that leads to “shudder” problems and “an insufficient valve body architecture” that can purge trapped air, leading to “harsh shifts.”

The original lawsuit claims that GM’s own documents prove it considered retrofit packages to fix the transmission issue, but rejected them because of the cost – $1,550 for valve body replacement and $4,450 for a new transmission in each vehicle.

While no injuries or deaths have been connected to the problem that causes the transmissions to “slip, buck, kick, jerk, and harshly engage,” the lawsuit does include reports of “numerous dangerous incidents where drivers lost control of class vehicles and struck or nearly collided with other cars, objects, or pedestrians, or had harrowing near-miss incidents with oncoming or overtaking traffic due to abrupt, unpredictable, and uncontrollable acceleration or deceleration caused by the transmissions’ failure to engage or maintain appropriate drive gear settings.”

Judge Lawson ruled there are adequate facts to suggest the vehicles were “not fit for the ordinary purpose of providing reasonably safe transportation” because of the specific transmissions and turned down the dismissal of the Ulrich lawsuit.

Class Action Lawsuit Against GM for Shuddering 8-Speed Auto Transmission Survives Motion to Dismiss


The lawsuit includes these General Motors vehicles equipped with Hydra-Matic 8L90 and 8L45 transmissions.

  • 2015-2019 Chevrolet Silverado
  • 2017-2019 Chevrolet Colorado
  • 2015-2019 Chevrolet Corvette
  • 2016-2019 Chevrolet Camaro
  • 2015-2019 Cadillac Escalade and Escalade ESV
  • 2016-2019 Cadillac ATS
  • 2016-2019 Cadillac ATS-V
  • 2016-2019 Cadillac CTS
  • 2016-2019 Cadillac CT6
  • 2016-2019 Cadillac CTS-V
  • 2015-2019 GMC Sierra
  • 2015-2019 GMC Yukon, Yukon XL, Yukon Denali XL
  • 2017-2019 GMC Canyon

According to the judge, the class action lawsuit includes reports of:

“[N]umerous dangerous incidents where drivers lost control of class vehicles and struck or nearly collided with other cars, objects, or pedestrians, or had harrowing near-miss incidents with oncoming or overtaking traffic due to abrupt, unpredictable, and uncontrollable acceleration or deceleration caused by the transmissions’ failure to engage or maintain appropriate drive gear settings.”

The plaintiffs are represented by Cohen Milstein Sellers & Toll PLLC, Gordon & Partners, P.A., Berger Montague PC, Capstone Law APC, The Miller Law Firm, P.C., Kessler Topaz Meltzer & Check, LLP, Keller Rohrback L.L.P., and Pitt McGehee Palmer Bonanni & Rivers PC.


Source:
CarComplaints.com via GM Authority

Related:
Federal Appeals Court Rules GM Must Face Class Action Lawsuit Over Faulty C7 Transmissions
GM Finds Itself Defending Another 8-Speed Transmission Lawsuit in Michigan
Judge Grants Class Action Status to GM 8-Speed Transmission Lawsuit

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8 COMMENTS

  1. DEAR [TECH SERVICES]. Answer – set up trans repair centers nationwide. Your contact is:
    Bruce Hawkins – 864-855-2695 x: 2101 Call now! This very well may be what GM is looking
    for.

  2. My 2015 had the recommended upgrade fluid change which I paid for since it was purchased used (only 1107 miles) That made shifting smoother. It did make some jerky shifts from 1,2,3rd when cold, but ceased when warmed up. I have discovered that if you accelerate with a steady throttle there is no harsh upshift. If you anticipate an upshift and back off the throttle it will not be smooth. Get the fluid update and hammer it up to speed. Lovely upshift. I have also track driven the C8 and I can make it shift jerky if I backoff the accelerator at a shift point. It ain’t a powerglide transmission. (I’m an ancient Chevy owner) Lucky to still drive well and driving Corvettes since Jan. 1960. Enjoy your Corvette ride, life is short.

  5. The term ‘money shift’ refers to the huge repair bills and mechanical damage repair costs that result from this error. A single money shift can lead to thousands of dollars in repairs. Money shifts are most common in rear-wheel sports cars with manual transmissions. Drivers may attempt to accelerate quickly downshifting too many gears at once by mistake and severely mismatching ratios. Your bank account will feel the hurt after this fairly common mechanical mistake, “back in the day.”

    Thanks,
    Ray

  6. While driving on i95 I noticed my rpm going back and forth I take it to a dealer they said that the transmission fluid need to be changed It made it worse

  7. Seems going the way of the C7 Z06 ‘overheating’ lawsuit. Ten thousand corvette forum complaints turn into twelve counts of negligence with eight plaintiffs then down to five hoping for five millions each. After three rounds case dismissed with remaining plaintiffs tagged with 300K legal costs each. Used C7Z06 going for 100K+ in Germany.
    LoL!

  8. What about my mom’s 2015 Equinox rear main seal went out driving down the highway tells me engine out of oil shut down.emrdiately well the engine had 40,000 miles on it wasn’t do yet for oil change bought new serviced @ GM dealer since day 1 10,000 we haft foot rhe bill I found out its been known since 1985 where do I join the suit

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