By Charles Toutant, From New Jersey Law Journal

A federal court putative class action alleges General Motors Corp. fraudulently concealed a defect in ignition switches of 2.6 million Chevrolet, Pontiac and Saturn vehicles, a problem that has caused at least 13 deaths.

The complaint, in Ruff v. General Motors, filed Monday in Trenton, N.J., claims company engineers first learned in 2001 that switches in some vehicles can accidentally move to the “acc” or “off” position, causing engine shutdown and resultant loss of power steering and antilock brakes and airbag deactivation.

The actual number of fatalities may be as high as 303, the plaintiffs claim, citing a study of failed airbag deployments in crashes of the Chevrolet Cobalt and Saturn Ion.

GM first acknowledged the problem in a 2005 bulletin to dealers but withheld information when questioned by the National Highway Traffic Safety Administration, the plaintiffs allege.

GM announced a recall of vehicles with faulty ignition switches in February of this year.

The affected cars are built on common platforms and have the same ignition switches, made by a GM subsidiary, Delphi Automotive, which is also a defendant. They are the Chevrolet Cobalt (model years 2005-10), Chevrolet HHR (2006-11), Pontiac Solstice (2006-10), Pontiac G5 (2005-10), Saturn Ion (2003-07) and Saturn Sky (2007-10).

Named plaintiff Lisa Ruff of Hazlet alleges her 2007 Cobalt was totaled in an accident. Her daughter was driving when the engine stopped and she lost control and struck a tree, the suit says.

Another plaintiff, Sheri Marx of East Brunswick, alleges numerous mechanical problems with her 2006 Cobalt—though not engine failure—and that she is concerned about the risk of driving it.

The complaint asserts claims for a nationwide class under Michigan’s Consumer Protection Act and other states’ laws and for a New Jersey class under the Consumer Fraud Act. Also pleaded are claims of fraud by concealment and breach of implied warranty.

The plaintiffs seek damages for expenses incurred rectifying the defects in their vehicles, such as time off from work, rental cars and child care.

PHOTO: Chevrolet Cobalt 2007 Chevrolet Cobalt 2007

For more on this story go to: http://www.njlawjournal.com/id=1202651183629/GM-Car-Owners-Bring-Class-Action-Over-Fatality-Causing-Ignition-Defect#ixzz2z3cQfWL2