A Collin County man and a Harris County woman are suing over claims the vehicles they bought from General Motors contain a safety defect.
Kevin Holliday and Elvira Calvillo, individually and on behalf of all others similarly situated, filed a lawsuit May 14 in the Eastern District Court of Texas-Beaumont Division against General Motors LLC, General Motors Holding LLC, Delphi Automotive PLC and DPH-DAS LLC, formerly known as Delphi Automotive Systems LLC, citing negligence.
According to the complaint, GM has sold millions of vehicles since 2003 with a safety defect in which the ignition switch, manufactured by Delphi, can suddenly move from the "run" position to "off," causing in a loss of power, speed control, braking and airbags.
The suit alleges that the GM recognized the defect but failed to disclose it to customers.
Holliday says he experienced a power loss that caused an accident, and Calvillo says she experiences power losses several times a week.
GM is accused of successor liability, fraudulent concealment, estoppel, and breach of express warranty, in addition to belatedly issuing a repair recall in 2014.
Holliday, Calvillo, and the potential class are seeking more than $5 million in damages.
They are being represented in the case by attorneys Mitchell A. Toups of Weller, Green, Toups & Terrell LLP in Beaumont; James R. Dugan II, Douglas R. Plymale, David B. Franco and Chad J. Primeaux of The Dugan Law Firm APLC in New Orleans, La.; Gregory K. Evans of the Law Offices of Gregory K. Evans in Houston; and James W. Flood III of the Flood Law Group LLP in Washington, D.C.
Beaumont Division Case No. 1:14-cv-00271-ZJH
This is a report on a civil lawsuit filed in the Eastern District Court of Texas Beaumont Division. The details in this report come from an original complaint filed by a plaintiff. Please note, a complaint represents an accusation by a private individual, not the government. It is not an indication of guilt, and it only represents one side of the story.