— A Chevy "Shift to Park" class action lawsuit continues in a Michigan courtroom after General Motors told the judge the nationwide claims should be dismissed, and two of the plaintiffs should be removed from the case.
The GM Shift to Park lawsuit includes:
"All persons or entities who purchased or leased a 2021-2023 Chevrolet Trailblazer, 2020-2022 Chevrolet Traverse, 2020-2023 Chevrolet Malibu or 2020-2023 Buick Encore vehicle in the United States."
General Motors says the vehicles are not "unmerchantable" as claimed by the eight plaintiffs and certainly not a safety risk considering the owners continue to drive their vehicles.
GM allegedly sold the Buick and Chevrolet vehicles with defective transmission control (gear shifter) assemblies. The shifter assemblies allegedly prevent the vehicles from knowing when a driver shifts into PARK.
Instead, the vehicle enters accessory mode and a “Shift to Park” message appears even though the gear shifter is already in PARK.
The class action lawsuit alleges a driver cannot lock the vehicle or shut it off once the Shift to Park message appears. In addition, the plaintiffs say the battery will eventually drain.
The class action further alleges drivers must manipulate the gear shifter back and forth then shift into PARK again.
The lawsuit argues the Shift to Park problem means the GM vehicles don't provide "safe and reliable transportation and renders the vehicles unmerchantable and worth less money at the time of sale or lease."
The Buick and Chevy Shift to Park class action lawsuit argues GM hasn't issued a recall for the vehicles, so owners pay "hundreds or thousands of dollars to attempt a repair."
But even if a dealer does replace the defective shifter control assembly, the lawsuit says the Shift to Park problem still won't be fixed.
The automaker also allegedly knew about the alleged Shift to Park defects before the vehicles were first sold.
GM Says Shift to Park Lawsuit Should Be Tossed
General Motors alleges all the allegations should be dismissed in the Shift to Park lawsuit which now includes these plaintiffs: Barbie Green, Karen Malmkar, Maria Garza, Glenda Brown, Michelle Crosier, Patricia Garcia, Mary Codoy and Sylvia Pena.
According to GM, plaintiffs Glenda Brown and Maria Garza purchased their 2022 Chevrolet Traverse and Trailblazer vehicles under arbitration agreements. Because of that, those two owners allegedly should not be plaintiffs in this Shift to Park class action lawsuit.
General Motors also argues plaintiffs Brown and Garza agreed to arbitrate their Shift to Park claims and the Federal Arbitration Act requires those vehicle owners to honor their arbitration agreements.
GM told the judge the class action lawsuit includes 2020-2021 Chevrolet Traverses, 2021 and 2023 Chevrolet Trailblazers, 2020, 2022, 2023 Chevrolet Malibus and 2020-2023 Buick Encores.
But claims about those vehicles allegedly should be dismissed because the plaintiffs do not contend they leased or purchased those vehicles.
GM says claims from certain customers should be dismissed because they don't allege GM refused to repair the vehicles. And warranty claims made by at least four customers should be tossed because they do not allege breach of the warranty within the 3 year / 36,000 mile limitation period.
The Shift to Park class action lawsuit includes these Buick and Chevrolet customers.
- Barbie Green / 2022 Chevrolet Traverse
- Karen Malmkar / 2022 Chevrolet Trailblaze
- Maria Garza / 2022 Chevrolet Traverse
- Glenda Brown / 2022 Chevrolet Trailblazer
- Michelle Crosier / 2022 Chevrolet Trailblazer
- Patricia Garcia / 2022 Chevrolet Trailblazer
- Mary Codoy / 2021 Chevrolet Malibu
- Sylvia Pena / 2022 Chevrolet Trailblazer
The GM Shift to Park class action lawsuit was filed in the U.S. District Court for the Eastern District of Michigan: Green, et al., v. General Motors LLC.
The plaintiffs are represented by Sergei Lemberg.