Lawyer wants wrongful death case vs GM revived in Georgia

Article by Christian A., on May 15, 2014

Lance Cooper, a Georgia attorney whose wrongful death lawsuit vs General Motors led to a recall of 2.59 million cars over faulty ignition switches, has filed a new complaint in Georgia state court in Marietta, asking a judge to reopen the matter. GM settled the case in September 2013 with Cooper’s clients, parents of Brooke Melton, who died in 2010 when her 2005 Chevy Cobalt lost power in a crash tied to the faulty ignition switch.

Cooper is claiming that the carmaker fraudulently withheld information ahead of a settlement. The move may lead to discovery of more information over the level of knowledge has and to what extent its executives know about the faulty ignition switches tied to at least 13 deaths.

Carl Tobias, who teaches product-liability law at the University of Richmond in Virginia, told Bloomberg that proving fraud is not an easy task since courts are reluctant to reopen tort settlement agreements. This means that courts impose a “rigorous proof burden” on lawyers or plaintiff seeking to do so.

GM has indicated in a timeline that its engineers were aware of the faulty ignition switch as early as 2001. In 2006, GM engineer Ray DeGiorgio approved a medication of the part’s spec, according to another document provided by GM.

In the new complaint, Cooper claims that DeGiorgio lied under oath in 2013 when the engineer denied knowledge of any change to the switch’s design. According to the court filing, GM gas affirmed DeGiorgio’s allegedly fraudulent responses.

Cooper also claims that GM’s conduct entailed “bad faith of the highest order.” Cooper is seeking sanctions against the carmaker over the alleged misconduct as part of the new lawsuit. Cooper said in an e-mailed statement to Bloomberg that the Meltons would not have settled their case if they had known of the perjury and concealment of critical evidence. [source: Bloomberg]

If you liked the article, share on:

Comments

Recommended

Many automakers seem to always have the Nurburgring in the back of their heads when they build new cars. And a lot of them seem to be obsessed about making...
by - December 12, 2017
Niels van Roij Design has revealed a number of new renderings of the company’s upcoming shooting brake. Inspired by the Tesla Model S, this one-off model is scheduled to be...
by - December 12, 2017
Mercedes-Benz has officially released the pricing details of the new 2019 CLS. The base variant is the CLS 350d 4Matic that’s equipped with the inline-six rated engine and comes with...
by - December 12, 2017
In addition to revealing the first images, ARES Design also released new information on its upcoming supercar dubbed as “Project Panther.” The company is aiming for this new model to...
by - December 12, 2017
Mercedes-AMG revealed that it will be unveiling the CLS 53 during the North American International Auto Show in January 2018. This was confirmed by none other than that brand’s very...
by - December 12, 2017
Facebook

Youtube Channel

Tip Us
Do you have a tip for us?
Did you film an important event?
Contact us
Newsletter
Subscribe to our newsletter!
Subscribe
Galleries