Z-train Posted August 21, 2011 Report Share Posted August 21, 2011 bought Datsun for the remainder of his life. GM says bankruptcy excuses it from Impala repairs By Jonathan Stempel NEW YORK, Aug 19 (Reuters) - General Motors Co (GM.N) is seeking to dismiss a lawsuit over a suspension problem on more than 400,000 Chevrolet Impalas from the 2007 and 2008 model years, saying it should not be responsible for repairs because the flaw predated its bankruptcy. The lawsuit, filed on June 29 by Donna Trusky of Blakely, Pennsylvania, contended that her Impala suffered from faulty rear spindle rods, causing her rear tires to wear out after just 6,000 miles. [iD:nN1E7650CT] Seeking class-action status and alleging breach of warranty, the lawsuit demands that GM fix the rods, saying that it had done so on Impala police vehicles. But in a recent filing with the U.S. District Court in Detroit, GM noted that the cars were made by its predecessor General Motors Corp, now called Motors Liquidation Co or "Old GM," before its 2009 bankruptcy and federal bailout. The current company, called "New GM," said it did not assume responsibility under the reorganization to fix the Impala problem, but only to make repairs "subject to conditions and limitations" in express written warranties. In essence, the automaker said, Trusky sued the wrong entity. "New GM's warranty obligations for vehicles sold by Old GM are limited to the express terms and conditions in the Old GM written warranties on a going-forward basis," wrote Benjamin Jeffers, a lawyer for GM. "New GM did not assume responsibility for Old GM's design choices, conduct, or alleged breaches of liability under the warranty." David Fink, Trusky's lawyer, declined to comment. John Penn, a former president of the American Bankruptcy Institute who is not involved in the case, said the question of "successor liability" is common for manufacturing companies that go through bankruptcy. "The fact it comes up now is not a surprise, as this type of issue was widely discussed during GM's bankruptcy," said Penn, now a partner at Haynes and Boone in Fort Worth, Texas. "The court will need to evaluate the claims to see if they fit within any cubbyhole of liability that New GM assumed." GM said an argument similar to Trusky's failed this year in a case involving its OnStar security and navigation product. "There are no specific factual allegations that New GM -- as opposed to Old GM -- did anything at all in relation to her vehicle," Jeffers wrote. "Plaintiff here is trying to saddle new GM with the alleged liability and conduct of old GM." In late afternoon trading, GM shares were down $1.62 at $21.98 on the New York Stock Exchange. The case is Trusky v. General Motors Co, U.S. District Court, Eastern District of Michigan, No. 11-12815. (Editing by Robert MacMillan) Quote Link to comment
datzenmike Posted August 21, 2011 Report Share Posted August 21, 2011 Not surprising. Quote Link to comment
bananahamuck Posted August 21, 2011 Report Share Posted August 21, 2011 Well my dad bought one of those 82 caprice classic chevys ..with the Olds diesel .Brand new ..well we all know how that turned out although it did get bandaged up a few times to actually make 90,000 miles mostly at my parents expense. Warranty was you bought it you got it. NEVER FORGET Quote Link to comment
HRH Posted August 21, 2011 Report Share Posted August 21, 2011 I buy Datsun! :) Although I'd still like a '69 El Camino. Sooo sexy. Quote Link to comment
DAT510 Posted August 21, 2011 Report Share Posted August 21, 2011 Ok, anything that's GM before mid seventies is ok with a few exceptions. Typhoon, 99-02 Camaro, most Corvettes, 2000 Chevy 1500, 83-86 Monte, and that's about it. Ford is tolerable now. what about El Camino? Quote Link to comment
datzenmike Posted August 21, 2011 Report Share Posted August 21, 2011 I like the older ones. Maybe a '62 with a 348/409 in it. Quote Link to comment
bananahamuck Posted August 21, 2011 Report Share Posted August 21, 2011 Ok, anything that's GM before mid seventies is ok with a few exceptions. Typhoon, 99-02 Camaro, most Corvettes, 2000 Chevy 1500, 83-86 Monte, and that's about it. Ford is tolerable now. what about El Camino? although this loses some of it`s punch now that youv`e fixed it Quote Link to comment
DAT510 Posted August 21, 2011 Report Share Posted August 21, 2011 I like the older ones. Maybe a '62 with a 348/409 in it. I like the '59 Quote Link to comment
Burabuda Posted August 21, 2011 Report Share Posted August 21, 2011 my dad bought one of those 82 crapiece classic chevys .. fixed Quote Link to comment
DAT510 Posted August 21, 2011 Report Share Posted August 21, 2011 although this loses some of it`s punch now that youv`e fixed it i got confused leave me alone! for those that wanted to know, i put 69, instead of 67, they all look the same! damn you GM! <_< Quote Link to comment
wildmaninid Posted August 21, 2011 Report Share Posted August 21, 2011 Not surprising, and I am a fairly die hard fan of mopar, but the same shit is happening at that camp, the new owners bought a reorganized company and there. Is no civil liability for previous designs, nor their inherent flaws. Sucks to be a new car owner in some cases. I however would give my left leg for a 67 or 68 impala 4 door right now....pure sex. Quote Link to comment
datzenmike Posted August 21, 2011 Report Share Posted August 21, 2011 I like the older ones. Maybe a '62 with a 348/409 in it. I like the older ones. Maybe a '62 with a 348/409 in it. I like the '59 i got confused leave me alone! for those that wanted to know, i put 69, instead of 67, they all look the same! damn you GM! <_< Hahaha just fuckin with ya. There were no '62 El Caminos. Yeah I like the '59 cat's eye taillights. Quote Link to comment
DAT510 Posted August 21, 2011 Report Share Posted August 21, 2011 Hahaha just fuckin with ya. There were no '62 El Caminos. Yeah I like the '59 cat's eye taillights. :fu: you got me you :ph34r: :lol: it's ok, i'm learning! Quote Link to comment
Z-train Posted August 21, 2011 Author Report Share Posted August 21, 2011 Well my dad bought one of those 82 caprice classic chevys ..with the Olds diesel .Brand new ..well we all know how that turned out although it did get bandaged up a few times to actually make 90,000 miles mostly at my parents expense. Warranty was you bought it you got it. NEVER FORGET They were known for blowing up in the dealers lot...IDLING!!! :blink: Quote Link to comment
datzenmike Posted August 21, 2011 Report Share Posted August 21, 2011 They were known for blowing up in the dealers lot...IDLING!!! :blink: Yup. Heard that too. Crappy diesel fuel back then and owners and dealers that didn't know how to properly service and look after them. Quote Link to comment
mirageshepard Posted August 21, 2011 Report Share Posted August 21, 2011 I was a chevy fan but nothing has impressed me in the last.......15 years maybe...going on 20 years. The mid 90's and older chevy trucks are o.k. but I've always had a thing for the 67-72 chevy trucks...fleet side or step side, either way it would be tricked :thumbup: Quote Link to comment
DAT510 Posted August 21, 2011 Report Share Posted August 21, 2011 I was a chevy fan but nothing has impressed me in the last.......15 years maybe...going on 20 years. The mid 90's and older chevy trucks are o.k. but I've always had a thing for the 67-72 chevy trucks...fleet side or step side, either way it would be tricked :thumbup: step side no, fleet side yeah! Quote Link to comment
herculesinwyoming Posted August 21, 2011 Report Share Posted August 21, 2011 My 05 silverado with the 8.1 could tow every datsun on this forum at once, like a choo choo train, lol. but yes most chevy cars suck Quote Link to comment
DAT510 Posted August 21, 2011 Report Share Posted August 21, 2011 My 05 silverado with the 8.1 could tow every datsun on this forum at once, like a choo choo train, lol. but yes most chevy cars suck :blink: my 5500 only has 6.7 liters and is more than enough to tow trailers and Uhaul vans, i wonder if the 8.1 can tow the moon Quote Link to comment
yellowdatsun Posted August 21, 2011 Report Share Posted August 21, 2011 And people wonder why nobody wants to buy American cars. Quote Link to comment
Z-train Posted August 21, 2011 Author Report Share Posted August 21, 2011 Yup. Heard that too. Crappy diesel fuel back then and owners and dealers that didn't know how to properly service and look after them. Wasn't the fuel.It's what happens when you try to make a Diesel out of a Oldsmobile 350 gas engine.THey were referred to as "J motors"."J" for JUNK. 1 Quote Link to comment
bananahamuck Posted August 21, 2011 Report Share Posted August 21, 2011 Wasn't the fuel.It's what happens when you try to make a Diesel out of a Oldsmobile 350 gas engine.THey were referred to as "J motors"."J" for JUNK. Yeah the heads kept cracking on my dads ...and they were like $1000. a piece and most if not every one of those cars didn`t come with water separator installed from factory. Quote Link to comment
datzenmike Posted August 21, 2011 Report Share Posted August 21, 2011 Hence the reference to the shitty fuel available. Owners were used to oil filter changes every 10K on their chevys and didn't know how to look after a diesel. Even the dealers didn't know how to service them. Quote Link to comment
SR20-620 Posted August 21, 2011 Report Share Posted August 21, 2011 My dad said FU to gm AND HIS GMAC DISCOUNT OF 10% After he drive a new 5.7 tundra. He bought one the next day :lol: Quote Link to comment
bananahamuck Posted August 21, 2011 Report Share Posted August 21, 2011 Hence the reference to the shitty fuel available. Owners were used to oil filter changes every 10K on their chevys and didn't know how to look after a diesel. Grump Quote Link to comment
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