The latest ignition switch trial will continue after General Motors’ attempt to toss the case from court was denied by a Texas judge, according to Automotive News.
The case, involving Zachary Stevens and a fatal 2011 car accident, will resume after GM lawyers argued fabricated evidence was shown to jurors.
In question was Stevens’ key ring, shown to jurors with additional weight on it than from the time the crash occurred. It was also not the same key which questionably caused the 2007 Saturn Sky to cut power and run another motorist off the road.
The judge acknowledged the evidence, but stated GM was attempting to turn a “justifiable misunderstanding” about the key “into a criminal conspiracy.”
According to Stevens, the switch rotation caused him to lose control of the 2007 Sky roadster, while GM states his erratic driving behavior is what really led to killing another motorist.
GM has been victorious in each of its ignition switch cases thus far, having the last few dismissed altogether for various reasonings, or won by GM.
Comments
Why would the plaintiff use a key with additional weighted items, which was a key from another vehicle?
The jury will have to determine if the impact from the accident, caused the weighted key chain to turn off the ignition key/switch, or, did the key switch turn off due to some movement prior to impact?
As long as the Judge and Jury have acknowledged that the wrong key and /key chain were presented as incorrect evidence.
It seems the plaintiff wants the jury to think the driver had a bunch of keys which caused the rotation. In reality, it was much less keys and GM will prove that amount if weight could not have turned the ignition on its own.
Most likely a other case of someone (the driver) wanting to blame someone else for their actions. He probably lost control of his roadster and the car remained running the whole time.
Have we forgotten that there indeed was a coverup by GM engineers that replaced a defective part with the same part number to avoid detection? There were many internal emails about it with the revised part (of the same part number) reengineered with a spring of higher torque ratings. Extra keys or not, the fact that the Engineers took an extraordinary and unusual step in both the company as well as the industry to conceal the change with a redundant part number as their emails show. Additionally, there were enough deaths (124) to point to the part being questionable. Furthermore, GM went public with a press release as well as letters sent to the owners advising people to remove all items from their key chains; a practice that virtually no one in America does. As much as any person in a trial
May or may not add extra keys, the fact is that there were alleged thousands of injuries and more than 100 deaths and only this carmaker had those specific problems. They could not have all been tampered with The judge acted prudently.
What some fail to recognize that while GM failed to fix the part the issue was no where as bad as it is often made out to be and that many have tried to take advantage of the media not giving the full story in many of these cases.
Fact #1 The cars were still able to steer even with the engine off. At speed the effort is reduced and just pulling to the side of the road is not a major problem.
Fact #2 That the brakes on these cars still had full assist and more than enough vaccum to stop the car with no issues. The booster retain this just for reasons like this with a check valve.
Fact #3 Millions of cars were affected but only a small number of accidents happened and in relation to the cars affected a small number of people were hurt and killed.
Fact#4 Most of the cases already heard have been tossed out because they were bogus cases where people were in fact defrauding or they really had no case. One of the most recent cases the guy staged the crash and then lied about being knocked out and injured to where he can not work. The judge did not let this one go very far as he lied about so much.
Fact#5 most of those killed or injured were not belted in and often times impaired more than 1-3 times the legal limit.
Fact#5 Most of the legit cases and most of even the marginal ones were already settled out of court by GM. They did not shirk their responsibility in most of these cases. Hell they even paid out to the family of the girl in the back seat that was not belted in with a Drunk driver that was speeding. Most of the cases pending are just lawyers looking for GM to settle to make a buck in most of these cases. I say most as I have not seen all the cases and there may be a couple that may be legit but I expect GM has addresses most of these already.
GM is not settling mostly cases here that they feel have no grounds and they are in a good place to win in most cases.
Lets face this this is not the Air Bag issues here where there is no back up system to prevent death or injury. In this case. Many of these cars crashed due to the drivers impairment and they are trying to say the air bag would have saved the driver.
Those who have a case are generally those who had a death that resulted in the air bag not coming out after an accident that had nothing to do with the key. Now to blame GM for the accident for the key going off these are pure cases of people laying the blame on GM for something they did. Generally the key did not cause the accident only the resulting death do to no air bag. The Crash often was do to driver error and due too often to impairment by alcohol or drugs. Even a couple cases of illness came in too.
GM is responsible to a point but they should not be responsible for any of these fabricated cases or cases where there is just nothing to support the key being the direct cause of the death or injury.
In short I am not saying to absolve GM of everything but I do believe they should have their day in court and be permitted to defend themselves from many of the bogus claims.
While many like to paint corporations as evil some of the most vial people are just everyday citizens trying to take advantage of the system and not take responsibility for anything.
You don’t believe me just look to the elected leaders we have and what is going on in Washington right now. It has been going on for decades and the public as a whole just keeps letting them get away with it.
Scott3.
Do you work for GM? You sure do defend their improper practices hard.
Responses:
1 and 2). You and I may be able to steer or stop the car with lessened responses, most people are not as up to speed on the mechanics of cars and surprised when that surprise occurs, especially when it becomes a panic situation.
3). 124 deaths and more than 1000 injuries that the NHTSA found to be related to that improper part to the point where GM was aggregiously fined and an internal audit even prompted changes as announced by Mary Barra on the outcome of GMs own INTERNAL audit. I also note that the Engineers responsible were reprimanded up to and including terminated by GMs own audit.
4). False. Three cases is not most.
5). Most? Are you suggesting that people who drive GM cars drink more than the average or are unbelted more than average? Show me your proof. And I suspect that you will also find not a whole lot of difference between the public who is belted in a car and a GM driver is not much different. The latest numbers show that seatbelt useage is at 87% (source AAA). So why are more people dying in GM cars, especially with models with ignition key problems? Your defenses (“facts”) if used by GM, would not do well if an Expert in the field was brought in to testify. There is enough evidence in Public Access to shoot your claims out of the water. Thanks for playing.
Just because I do not agree with you, the people who do not take responsibility for their actions and the money grabbing lawyers does not make me a GM employee.
I am all in for GM to be responsible for their actions but I also feel that the people involved that contributed or directly caused their own issues should be held to the same standards.
The fact is I am tired of so many trying to play the victim in so many cases and go after companies that in the end you and I have to pay for the settlements.
As for one and two who do they take to court when the car stalls because they did not maintain it properly?
It takes no knowledge to understand that when the car stalls you pull over and in 90% of the cases that could be done. As for the brakes a simple idiot would discover this as they only have to step on the brakes. These are redundant systems and why we do not have drive by wire systems in these even though it is possible.
As for 3 GM was fined and they have settled with most of the legitimate cases and then some. The cases they face now are mostly bogus cases that so far most have been tossed out.
Here is the case of the postal worker.
http://www.swtimes.com/news/state-news/oklahoma-plaintiff-gm-switch-trial-drops-case-after-being-accused-lying
http://www.carcomplaints.com/news/2016/saturn-ion-airbags-oklahoma-crash.shtml
If you would follow up on the case he lied and even his cell phone records show did not fit his story. He feel asleep and went off the road.
Here is another one where someone crashed on a icy road that the car had the ignition and yet while it was defective it did not cause the accident nor the injuries.
https://www.wsws.org/en/articles/2016/04/04/igni-a04.html
I can provide more.
As for some of the settled cases. These are the people paid. The one girl was speeding over 60 MPH drunk into a dead end street head on into a tree. Air Bag or not odds are she would have been in a body bag anyways. GM paid.
Case in Indiana. Two boys speeding over 60 MPH drunk and no license. Off the road into a tree again. They hit so hard the one boys legs had to be removed as they went through the floor. Air bag was not going to make a difference. GM paid.
There are more here too. I even mentioned the one where they paid the family of the girl unbelted in the back seat that an air bag would not have mattered. The drive again under the influence went off the road and crashed. I can give you more again if you like.
Am I suggesting GM owners drink more and unbelted more. No as many people die in the same way but most do not have the leverage of a lawyer using a defective part to blame no matter if it did to did not contribute and a media that loves a if it bleeds it leads mentality.
Much like the Fiero Fires. Yes some of them caught fire but the media made it sound as if they all burned. The truth is there are cars on the road today with much higher burn rates and no one knows it. Over the years there were many more Ford fires but the media never really cared.
Look All I am saying here is in the cases where GM is directly involved and responsible for they should pay. Got that?
In the cases where people are lying like our postal employee and people who crash on ice and the air bag was not even a factor GM should not pay.
In cases where people are under the influence and he death is a direct result from not using all the safety equipment then they should hold part of the responsibility. Air bags are are supplemental restrains not primary. In cases not used with a belt they can still kill you. Having been hit with a bag I can attest to the force and damage they can do on their own.
You do understand that most of these cases they are not saying the key going off caused the crash they are saying the air bag did not deploy because the key went to off in the crash and did not let the bag go off. That is what most of these cases are claiming.
Finally we need tort reform as many of these cases are also class action cases that all they do is enrich the lawyers claiming to represent the victims and the victims in the end get a free oil change or car wash. People like to think these lawyers are noble but in the end they are doing nothing but enriching themselves and making the rest of us pay higher prices as the cost is passed on to the rest of us.
At the rate the cases are getting weeded out I expect things to balance out. GM is getting a fair shake here and generally anyone with a even remotely legitimate case has already settled.
You just appear hell bent anti GM and appear to think everyone is a victim here. Do you not feel that people and companies both should be held responsible for their action on both sides? Is there something wrong with that?
It is simple, If you are in an accident and the air bag did not go off and you were belted in and not under the influence you get a full settlement. If you are drunk and unbelted and are injured or killed and the air bag would not have mattered due to the type of accident you get partial settlement.
If you lie and fake the crash or the key and air bag had no part in the crash or injury then you get nothing belted, unbelted, drunk or sober.
It is that simple. All parties are responsible for their own actions.
Now I have read much on many of the cases and found some were legit and many were not. Lawyers are like sharks to blood and know they can now win but will take a settlement if they can get it.
The main problem with the world today is too many companies and people will not accept responsibility for their actions today. And then we have people like you that want to just go after the companies because they perceive all they do as evil and the public as never doing wrong.
In the end the average Joe just pays more and more and some who defend the lawyers are too stupid to understand it.
It is just a case of right and wrong for all parties.
Again Have I made it clear that GM should pay where they are responsible but in the cases where GM is not why should they pay?”
Stop rewarding bad behavior no matter who it is Corporations or people not doing as they should.
Funny this just came up on Yahoo when I went to check the headlines.
Here are just more examples of why all cases are not legit.
https://www.yahoo.com/finance/news/too-much-ice-starbucks-lawsuits-000000464.html
Where I take a difference with your statements is the placements of the words “some” and “most”. You cite a few legits but that is not “most”. Of the thousands involved, “some” are falsified. Your placements of those two words taint your statements. Otherwise, we agree on principle. I could give GM more benefit of doubt if they did not take so much effort as their own internal audits agreed and revealed that Mary Barra had to address with new procedures and “Whistleblower” committees.
Well as I have pointed out the initial cases most of which were settled GM took care of the legit issues and even the marginal ones.
Most of the cases that are now going to court are either unreasonable cases or cases like we have seen that are getting tossed out.
The reason I say most at this point is most of the cases at this point. GM settled and did not even go to court on the cases they knew they were at fault or had little defense. Now they are fighting cases like I posted two examples of that people are claiming things that are either not true or just had nothing to do with the issues GM were responsible for.
Like in the two cases here one the accident had nothing to do with the issue with the ignition. The second the driver lied about what happened. They both were either looking to shift blame or just collect money. These are the type of cases that most will be like GM will fight. Trust me they have paid out a lot on the other cases and did not fight a thing.
GM is not getting off free here by any means. They have paid in the cases where they for sure were wrong or even marginally wrong. These cases did not ever have to go to court as they families took the settlements. You will not ever read about these as they have non disclosure rules on them.
Now the ones in court now are generally cases that were found so far out of line that GM was not generally at fault and they are people just hoping for a settlement or just to pass the blame on to someone else for what they did wrong. Most of these cases so far have been tossed out because they were cases GM was not at fault in.
You have basically two kinds of cases here. The real ones GM worked to settle out of court and the ones that are not legit that they take to court and get tosses to defend themselves. The reason most of these latter cases are getting tossed is GM is only taking to court the ones they feel they can show they are not at fault.
Now in the cases they did pay many people died as results of what they did not do more than anything but GM even paid in these cases. Most of those who died were going to die ignition or not due to the speed and severity of the impact. Yet GM still paid. When reading these stories you really need to pay attention to the details as GM is not stiffing people here and in these court cased the details show that there are often things that are not right and GM should defend themselves on.
Another case. The drunk girl speeding with no belt into a tree. Her birth mother was one of the most outspoken. She got many headlines. What most stories did not tell you is she was the birth mother but gave her up for adoption and only had a limited recent relationship with the girl. The family that she knew and raised her got a large settlement and never went to court. The birth mother was more about getting her cut than she was about her daughter. If she had cared so much where was she the last 16 years? I am sorry for her loss but the people who got the money are the ones who were there for her all her life not the recently appearing mother.
Once the truth broke on this she finally went away as the lawyer pushing her knew they were not going to get anything.
I agree some in GM covered this up and many in GM never knew. In the end GM has paid a large fine and paid out millions to many in settlements with no court. At this point they have every right to defend themselves from fraud that comes with legal cases like this. I will continue to watch the cases come and get tossed.