Detroit: General Motors has revealed in court filings that it will soon ask a federal bankruptcy judge to shield the company from legal claims for conduct that occurred before its 2009 bankruptcy. The automaker's strategy is in a motion filed in a Corpus Christi, Texas, federal court case, and in other cases across the US that involve the defective ignition switches that have led GM to recall 2.6 million small cars.
It also asked the US District Judge, Nelva Gonzales Ramos to delay action on the lawsuit until the bankruptcy court rules and other federal courts decide if the case should be combined with other lawsuits. GM has said at least 13 deaths have been linked to the switch problem. The switch can unexpectedly slip out of the run position, shutting down the engine, knocking out power-assisted steering and power brakes, and disabling the air bags.
GM admits knowing about the problem for at least a decade, but it didn't start recalling the cars, including Chevrolet Cobalts and Saturn Ions, until February. The company's motion said, ‘ GM will ask the bankruptcy court in New York to enforce an order made during the 2009 bankruptcy case that split GM into a new company and an old company’. "Just like the other 'ignition switch actions' that other plaintiffs have filed in the wake of public reports regarding the outstanding recall, this case relates to a vehicle designed, manufactured, originally sold and advertised by Old GM," said the company's motion. GM's motion also said that more than 30 cases have been filed against the company since February.
With the motion, GM is trying to limit its legal liability in the cases while at the same time it considers compensation for families of crash victims. GM has hired Kenneth Feinberg, who handled the fund for the victims of the September 11, 2001 terrorist attacks, the Boston Marathon bombing and the BP oil spill in the Gulf of Mexico, to explore ways to compensate victims. No decision has been made.
