As GM Authority has been studiously following for some time now, several General Motors products have been hit with lawsuits regarding a defective Shift to Park message that prevents affected vehicles from safely shutting off. Now, one such lawsuit concerning a GMC Acadia in Connecticut has been dismissed.
According to a report from CarComplaints, this particular lawsuit was denied an appeal after the lower court dismissed the case. It was decided that the plaintiff had failed to state a claim for breach of express warranty because the warranty’s “repair” provisions do not correlate with the scope of Connecticut’s express warranties laws. As such, the district court judge dismissed the lawsuit by ruling that the plaintiff lacked “contractual privity” with The General.
It’s worth noting that the appeals court agreed with the ruling, acknowledging that Connecticut law requires privity to establish a breach of warranty claim.
The plaintiff claims that she brought her affected GMC Acadia unit to the dealership, where certified GM technicians allegedly confirmed that the vehicle had the Shift to Park problem. However, the plaintiff was allegedly told that no fix was available at that time, but that General Motors was working on a solution.
The plaintiff also claims that she initially stopping driving her Acadia, but eventually resumed driving despite the issue. When the Shift to park problem occurred, she claims to have continuously wiggled the shifter and repeatedly shifted to other gear positions and back in order to get the Acadia to recognize that it was in Park.
As background on these Shift to Park lawsuits, select 2017 Acadia and 2018 Acadia units may have a condition where a defect of the Shift to Park message causes the crossover to remain running even after the vehicle has been shifted into Park, thus not allowing the driver to safely turn the vehicle off.
Many legal cases also claim that GMC dealerships are aware of the Shift to Park problem, but have no clue on how to repair the affected vehicles.