2016-2019 Chevy Vehicles Plagued by ‘Shift-to-Park’ Defect, Class Action Claims
Emmrich v. General Motors LLC
Filed: November 8, 2021 ◆§ 1:21-cv-05990
A class action alleges certain 2016-2019 model year Chevrolet vehicles are plagued by a defect that causes the cars to fail to recognize when a driver has placed them in “park.”
Illinois
A proposed class action alleges certain 2016-2019 model year Chevrolet vehicles are plagued by a defect that causes the cars to fail to recognize when a driver has placed them in “park.”
The 40-page lawsuit in Illinois federal court says the apparent shift-to-park defect can thus prevent a driver from being able to shut off and lock their vehicle. Instead, the affected vehicle models listed below allegedly display a “shift to park” error message on their instrument cluster—even though their gear shift is already in park, the case claims:
- 2016-2019 Chevrolet Malibu;
- 2016-2019 Chevrolet Volt;
- 2018-2019 Chevrolet Traverse; and
- 2019 Chevrolet Blazer.
As the suit tells it, Chevy drivers who’ve experienced the shift-to-park defect are “forced to resort to try to trick their vehicles” into detecting that the shift lever is in fact in “park.”
“Indeed, Plaintiff has repeatedly found himself stuck inside his vehicle at home, running errands, at children’s day care, and at various other places away from home, unable to shut off his vehicle,” the complaint says. “To get his vehicle to detect that the shift is in fact in ‘Park,’ Plaintiff was forced to repeatedly wiggle the shifter, shift it through its gears, and start and shut off the engine.”
Per the suit, defendant General Motors has known of the alleged defect since at least January 2017, when it first alerted dealers to the issue, yet has refused to acknowledge the shift-to-park problem, the lawsuit claims. Instead, when customers press the issue, GM, through its Chevy dealers, refuses to honor its contractual promises to fix the problem, thereby forcing owners and lessees to pay for repairs at their own expense, according to the case.
“Plaintiff has given GM reasonable opportunities to honor its contractual obligations and cure the Shifter Defect, but GM has refused and/or is unable to do so within a reasonable period of time,” the complaint says, claiming Chevy drivers would not have bought or leased their vehicles, or would have paid substantially less for them, had they known of the defect.
The lawsuit stresses that the shift-to-park flaw substantially impacts the value, safety and use of affected Chevy models given drivers are unable to shut off and lock their cars or avoid battery discharge. Complaints made by consumers online and to the National Highway Traffic Safety Administration demonstrate that the shift-to-park defect is a “widespread, dangerous, and unresolved problem,” the case says.
Per the suit, GM has issued Chevy dealers at least four safety bulletins regarding the alleged shifter defect.
The lawsuit looks to represent all persons or entities in Illinois who bought or leased a 2016-2019 Chevy Malibu, 2016-2019 Chevy Volt, 2018-2019 Chevy Traverse or 2019 Chevy Blazer.
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