Woman claims Denali goes dangerously slow on highway, sues GM

Kelly Holleran Jun. 30, 2011, 9:47am

GMC Yukon Denali

A Jefferson County woman has filed suit against General Motors, alleging they refused to adequately fix her vehicle, which would slow down to 10 miles per hour as she was driving on the highway.

Genia Brown claims her 2008 GMC Yukon Denali would randomly switch into "engine power reduced" mode that would cause the engine power to suddenly reduce and make the vehicle slow down to a speed of no faster than 10 miles per hour.

"This resulted in a very dangerous situation for the driver and passengers of the vehicle when the vehicle would be traveling at highway speeds," the suit filed June 23 in Jefferson County District Court states.

Brown's problems with her vehicle began in June 2009 while the vehicle was still under warranty, according to the complaint. She has brought her vehicle to the shop seven times, but the GM service department has failed to fix the problems, the complaint says.

Because of the vehicle's problems, Brown claims she lost the benefit of her bargain, incurred out-of-pocket costs, lost the use of her time, lost the trade-in value of her vehicle and suffered mental anguish.

She claims GM and the seller of the vehicle, Mike Smith Autoplex, violated the Texas Deceptive Trade Practices and Consumer Protection Act by passing off goods as another, causing confusion as to the certification of goods and by representing that goods have services they do not have.

In addition, Brown blames the defendants for her damages, saying they negligently failed to repair the vehicle in a workmanlike manner, failed to correct the defective condition, failed to implement adequate procedures as to the servicing of vehicles and failed to provide adequate training.

In her complaint, Brown seeks an unspecified judgment, plus interest at the legal rate, attorney's fees, additional damages allowed by the DPTA, costs and other relief the court deems just.

John M. Lane of Provost and Umphrey Law Firm in Beaumont will be representing her.

The case has been assigned to Judge Gary Sanderson, 60th District Court.

Case No. B190-402

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