Corvette Wheel Defect Lawsuit Partially Survives Dismissal
May 23, 2021
May 23, 2021
The claims in a lawsuit alleging a wheel defect in certain Chevrolet Corvette models have largely survived General Motors LLC’s (GM) request for dismissal.
18 named plaintiffs—citizens of and/or purchasers of class vehicles from 12 states—filed the lawsuit on behalf of a prospective nationwide class of purchasers or lessors of models 2015 to 2019 Chevrolet Corvette Z06 and 2017 to 2019 Chevrolet Corvette Grand Sport. They allege the vehicles have wheels with inferior material and insufficient strength to withstand the torque and power from the drivetrain, resulting in rims that crack and deform under normal driving conditions. In turn, the plaintiffs contend, the defect presents a serious safety concern, as cracked rims may cause tires to fail and explode while driving.
According to the complaint, GM was aware of the wheel defect from sources including preproduction testing and customer complaints, but has concealed its existence, telling customers cracked and deformed wheels are instead caused by potholes or other driver error.
The lawsuit seeks remedies including a declaration that GM is financially responsible for notifying the class members about the wheel defect, as well as damages.
GM moved to dismiss all claims in the complaint for failure to state a claim on which relief could be granted.
In its May 2021 order, the Court denied GM’s motion to dismiss the express warranty, implied warranty, Magnuson Moss Warranty Act, and state consumer protection claims, but dismissed the unjust enrichment claim.
The case is Joseph Bossart, et al. v. General Motors LLC, case number 2:20-cv-11057-BAF-DRG, in the United States District Court for the Eastern District of Michigan.
You can read the Court’s order below: