Motion to compel GM filed in defective Denali suit

By David Yates | Jan 12, 2012

GMC Yukon Denali

Plaintiff Genia Brown has filed a motion to compel discovery in a suit against General Motors.

As previously reported, Brown filed suit against GM on June 23 in Jefferson County District Court, alleging the company refused to adequately fix her vehicle, which would slow down to 10 miles per hour as she was driving on the highway.

Court records show that on Nov. 10 Brown filed a motion to compel, asserting that GM failed to respond to her discovery request within the allotted 30 days.

She is asking the court to force GM to respond to the outstanding request and award her $2,000 in attorney's fees.

In her suit, 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 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.

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 represents her.

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

Case No. B190-402

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