Injury & Accident Law

Documents show GM knew of ignition-switch issue, says plaintiff's lawyer in leading case

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Following a settlement last week in a high-profile ignition-switch case that sparked a massive General Motors recall, plaintiff’s lawyers involved in the case are saying that documents obtained in discovery show the company was involved in a cover-up.

An internal report by Jenner & Block partner Anton Valukas found “a pattern of incompetence and neglect” rather than any intentional effort to conceal ignition-switch issues. But that report is contradicted by the documents, lawyers for Brooke Melton’s family said in a conference call Monday with the Automotive News (sub. req.) and other media.

“The documents clearly show they knew it was a safety issue but chose to ignore it,” said attorney Lance Cooper. “It wasn’t incompetence. It was a cover-up.”

The family of the 29-year-old Melton had originally settled her lawsuit against GM for $5 million; however, it was reopened last year and settled a second time last week, on undisclosed terms.

Documents submitted to Congress show a GM engineer told a third-party switch maker to modify the devices, so they would be harder to turn off accidentally. That led to the revival last year of the case over Melton’s death, according to the Associated Press and the New York Times (reg. req.). The same engineer had said in a deposition that he hadn’t ordered any change made to the switches, and the part number for the switch remained the same, making it difficult to track the change, the articles explain.

The articles don’t include any comment from GM, and Automotive News says a company spokesman declined to comment.

Related coverage:

ABAJournal.com: “Solo practitioner ‘single-handedly set the stage’ for massive GM recall”

ABAJournal.com: “As leaders blame GM lawyers for ignition woes, lawmaker asks: Why wasn’t general counsel fired?”

ABAJournal.com: “Feinberg OKs payment for 50 deaths from $400M GM ignition fund; compensation starts at $1M”

Associated Press: “General Motors ignition switch death count rises to 67 “

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