— A GM 8L90 transmission lawsuit will continue in court after General Motors failed in its bid to get the entire class action dismissed.
According to the lawsuit, the plaintiffs purchased vehicles equipped with automatic 8L90 and 8L45 transmissions that frequently “slip, buck, kick, jerk and harshly engage.”
The class action was filed as a companion lawsuit to Speerly v. General Motors, a class action which includes certain states only and is currently in an appeals court.
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
The GM 8L90 and 8L45 transmissions allegedly have two defects.
One is the automatic transmission fluid (ATF) which allegedly lacks “robustness to moisture,” and fails to “maintain a positive friction curve over time,” leading to “shudder” problems.
The transmissions also supposedly don't have the ability to "purge trapped air due to an insufficient valve body architecture,” which causes problems with “harsh shifts.”
According to the class action, GM developed a different ATF formulation known as “Mod1a” which entered use in March 2019. However, GM chose only to replace the ATF in vehicles that remained unsold on dealer lots, but not vehicles which were previously sold.
The plaintiffs assert the new Mod1a transmission fluid cures “shudder” problems but it hasn't been made available to owners who purchased their vehicles before March 1, 2019.
The GM 8L90 and 8L45 transmission lawsuit further alleges GM's own documents prove the automaker considered retrofit packages to repair the transmission problems, but it would cost General Motors $1,550 for valve body replacement and $4,450 for transmission replacement in each vehicle.
GM allegedly didn't do it because of the cost.
Motion to Dismiss the GM 8L90/8L45 Transmission Lawsuit
Judge David M. Lawson says some of the transmission lawsuit fails "to state viable claims, [but] many of the counts survive and warrant further examination."
The judge notes how the plaintiffs don't oppose several of GM's arguments for dismissal, including claims of common law unjust enrichment and fraudulent omission. Those claims are gone for now, as is a fraudulent omission claim under Massachusetts law.
Also dismissed is the statutory consumer protection claim under Oregon law because it's time barred.
However, the judge ruled there are adequate facts that suggest the vehicles were "not fit for the ordinary purpose of providing reasonably safe transportation" due to the GM 8L90 and 8L45 transmissions.
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 GM transmission lawsuit was filed by these 13 plaintiffs:
- Paul Aiello / Massachusetts / 2016 Cadillac CT6
- Angela Bailey / South Dakota / 2017 Chevrolet 1500
- Dale Bland / Missouri / 2018 Chevrolet Colorado
- Jacob and Britney Brellenthin / Indiana / 2018 Chevrolet Silverado 1500
- Daniel and Lynn Marie Davis / Iowa / 2017 Chevy Silverado
- Duane Egge / Minnesota / 2015 Chevrolet Corvette Stingray
- Paul Northup / Rhode Island / 2018 Chevrolet Colorado
- Cole Ulrich / North Carolina / 2017 Chevrolet Silverado 1500
- Ryan Volmert / Missouri / 2018 GMC Sierra
- Kenneth James Wilkinson / Oregon / 2018 Chevrolet Colorado ZR2
- Sean Joseph Zimmett / Connecticut / 2018 GMC Canyon
The GM 8L90 and 8L45 transmission class action lawsuit was filed in the U.S. District Court for the Eastern District of Michigan (Southern Division): Cole Ulrich, et al., v. General Motors, LLC.
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.