Tampa Firm Files Class Action Lawsuit Against General Motors For Faulty Windshield Wipers

7 April 2006

The law firm of Forizs & Dogali of Tampa, Florida announced today that it has filed a class action lawsuit against Detroit automaker General Motors Corporation ("GM" or the "Company") (NYSE: GM) based on alleged defects in the windshield wiper systems of approximately 5.8 million vehicles nationwide. The Complaint was filed Monday, April 3, 2006, in the United States District Court for the Western District of Missouri in Jefferson City, Missouri, and is expected to impact millions of vehicle owners. In the Complaint, the plaintiffs allege that GM should have recalled all 7.5 million 1994-1999 model trucks, vans, and SUVs which share a common windshield wiper electronic circuit board because the circuit board is subject to cracks in solder joints that cause the windshield wipers to fail. Instead, the Complaint alleges, GM recalled only 1.7 million vehicles in 2003, leaving 5.8 million defective vehicles on the road. The Complaint alleges that GM has "demonstrated a conscious disregard for the safety and well-being" of those who continue to operate such vehicles.

According to the Complaint, documents contained in a National Highway Traffic Safety Administration (NHTSA) investigative report show that the windshield wiper problems had caused at least 11 crashes, and 225,000 warranty claims, by the time that the NHTSA opened its second investigation in 2002. Despite the recall that resulted from that investigation, the Complaint alleges, both GM and the NHTSA have continued to receive reports from vehicle owners who say the defect is dangerous and is likely to lead to deadly accidents. The Complaint states that the representative plaintiffs, a husband and wife from Jefferson City, repaired their vehicle at a cost of $91.87 after the windshield wipers failed during a rainstorm, and GM refused to pay for the cost of repairs. According to the Complaint, similar repair costs have been paid by the owners of other vehicles, and GM has not reimbursed these owners for their expenses.

The Complaint alleges that in 2004, GM was fined $1 million for "its willful failure to comply with [safety regulations] by failing to properly report and repair windshield wiper defects in certain 2002 and 2003 model GM vehicles." Quoting correspondence between GM and the NHTSA in connection with that fine, the Complaint alleges that "GM has consistently taken the position that the failure of windshield wipers does not present an unreasonable safety risk, no matter how many fail, so long as there are only a few crashes." The Complaint compares GM's actions to those of its competitor, DaimlerChrysler, which within the last month recalled over 268,000 Dodge vehicles because of windshield wiper problems. Unlike GM, the Complaint alleges, it took DaimlerChrysler "only sixty (60) days, not eight (8) years" to remedy the problem.

The Complaint seeks unspecified damages and asks the Court to require GM to recall vehicles that have not yet been repaired, and to compensate those who own or lease vehicles and have made the repairs themselves. Forizs & Dogali is working with the Jefferson City firm of Rost & Hellmann which is acting as local counsel in the case. Any GM owner/lessee who believes that they may have a claim can obtain more information about the suit by calling toll free at 1 (800) 957-7059 or visiting http://www.gmwipersuit.com.

FORIZS & DOGALI, P. L., was founded in 1999 as a firm primarily devoted to litigation and bankruptcy practice and now employs 16 full-time attorneys. The firm serves a wide variety of corporate, business and individual clients in a broad range of litigation matters, including large class action, multi-party construction, and insurance disputes, bankruptcy cases, commercial litigation, municipal and civil rights litigation, creditors rights, environmental claims, mechanic's lien rights, personal injury suits and professional malpractice defense.

http://www.forizs-dogali.com

Source: prnewswire

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