— General Motors brake vacuum pump failures caused a class action lawsuit in February, but GM argues the braking lawsuit should be stopped in its tracks.
GM brake vacuum pump failures and brake booster problems reportedly cause hard brake pedals and complete brake failures.
According to the GM class action lawsuit, these models have been defective since before they were first sold.
- 2016-2020 Buick Envision
- 2018-2022 Chevrolet Equinox
- 2018-2022 GMC Terrain
Three vehicle owners filed the lawsuit by claiming their vehicles suffered from brake failures and failures of the vacuum pumps.
One plaintiff complains the vacuum pump shattered internally and sent shards of metal into the engine. Another plaintiff complains her Chevy brakes failed when the vacuum pump went out. And another owner says the brake booster vacuum pump exploded.
The plaintiffs assert GM was more concerned with profits than safety by supposedly knowing the brakes could fail from when the vehicles came off the assembly lines, yet the automaker still sold the defective and dangerous vehicles to their employees, family members and consumers.
Buick, Chevrolet and GMC drivers may experience various problems with the brake pedals and may hear hissing noises if the vacuum pumps are on the way to failures.
General Motors has experienced vacuum pump failures in the past because a federal investigation was opened into vacuum pump failures and hard brake pedals in 2018. The investigation included about 2.8 million vehicles, leading to a 2019 GM vacuum pump recall that included 3.4 million trucks and SUVs.
However, the recall did not include the vehicles involved in this vacuum pump class action lawsuit.
Motion to Dismiss the GM Vacuum Pump Lawsuit
General Motors notes how some of the vehicles go back to 10 years ago while others are eight years old.
The automaker told the judge the plaintiffs are confused about the difference between a component that is defective at the time of first sale compared to a component that suffers from typical wear and tear over many years.
According to GM, time comes into play here considering the three plaintiffs drove their vehicles for six years before the vacuum pumps had any problems at all. GM argues six years is a long time for vacuum pumps to properly function if they were defective right off the assembly lines.
The automaker contends the plaintiffs have no evidence of brake vacuum pump defects because there are no defects. In addition, the plaintiffs' allegations should be erased because they are time-barred. GM argues the claims are only valid if alleged within four years of purchase.
GM told the judge the plaintiffs simply waited too long to file their lawsuit.
Conclusory allegations cannot take the place of evidence and facts, says GM, and the plaintiffs allegedly only bring allegations that are conclusory. General Motors also argues the lawsuit should not move forward because the plaintiffs only speculate about some possible future harm caused by the vacuum pumps.
And if the plaintiffs had to pay for repairs it was because the warranties are called "limited" for a reason, considering the warranties don't last forever. On the other hand, repairs would be have been covered if the plaintiffs sought repairs while the vehicles were still under their warranties.
The GM vacuum pump failure lawsuit was filed in the U.S. District Court for the Eastern Division of Michigan: Thieme, et al., v. General Motors, LLC.
The plaintiffs are represented by the Miller Law Firm, P.C., and Clarkson Law Firm, P.C.