The GMC Acadia Class Action Lawsuit was filed against GMC Health Care, Inc. by relatives of Class Action Victims (GMC) Albertine Gooden and Richard Glazier. The lawsuit is a class-action lawsuit challenging the negligent actions of GMC Health Care, Inc. in its handling of long-term care, assisted living, and home health care insurance claims. GMC allegedly failed to provide adequate disclosures and warnings to protect the rights of Class Action Victims and caused them economic harm as well as emotional distress.
GMC Acadia Class Action Lawsuit
Claims: The GMC Acadia Class Action Lawsuit alleges that GMC did not reasonably accommodate the needs of the Claimants for their long-term or short-term health care needs; failed to provide the minimal level of disclosure required under the Leads Act; provided an inadequate response to requests for additional information and advice; and/or provided an inherently defective vehicle when rendering service to the Claimant.
Vehicle defects that proximately cause physical harm or death to another are the basis for the claim. GMC Health Care has also been found to have violated the FDCPA (Food and Drug Administration) in terms of the scheduling of its vehicles. The scheduling of vehicles involves having a minimum of one safety feature (passengers) on each vehicle, at all times.
Claims covered in the Class Action Lawsuit include failure by GMC to provide maintenance and repair services that would have ensured the continued safe use and operation of each vehicle by Claimants; providing an automobile that has an unsafe transmission control device; and failing to replace an otherwise defective transmission control device upon discovery of a defect.
Another claimed defect is the use of an outdated automatic power transmission lowering mechanism during the design of one particular vehicle. This defect, according to the Class Action Lawsuit, has led to injuries, damage, and even death to Claimant employees and members of the GMC Work Force.
Additionally, the Class Action Lawsuit claims that GMC has violated various sections of the Fair Repair Accords Act, Fair Labor Standards Act, and Title 21, United States Code, through their failure to make significant changes to their manufacturing processes that would have ensured that Claimants received an acceptable quality experience with their vehicles. Further, the Class Action Lawsuit asserts that GMC has engaged in activities that have deprived Claimants of their rights to fair compensation.
In late a federal district court in Seattle has affirmed the Class Action Lawsuit.
On December 19th, the court found that Claimants did not have adequate warning before GMC Vehicles began to use their current automatic transmission control device, or ATC, during the course of one workday without first notifying GMC of the problem. The Court further found that Claimants were not entitled to a refund of damages because GMC had failed to provide them with a proper warning or knowledge that their ATC was faulty.
The Court further found that Claimants were likely to prevail on this claim as there was evidence that the manufacturer, namely GMC, was aware of the risks of using an ATC for twelve months before the car accident and yet continued to equip the vehicles with these control devices.
The GMC Aircraft and Transmissions Control Class Action Lawsuit are likely to be heard by the United States District Court, Southern District of California, after which a final judgment will be issued.
If no resolution can be reached between the parties, then the case will proceed to a trier of fact, where each side will present evidence that they claim is relevant and reliable, particularly with respect to the question of whether or not Claimants were actually informed of the presence of a transmission control defect prior to the date of this defective product’s sale.
After the trier of fact renders its decision, the case will move into the plaintiff’s class action lawsuit against GMC, seeking compensation for their injuries and losses sustained as a result of the vehicle defect. Should the plaintiff win, the vehicle manufacturing company will be ordered to produce an ATC to correct the defect and this could set the precedent for other defective products that are designed to function in a similar fashion.
An ATC is a device that is similar to a foot pedal in that it allows the operator to “drive” the vehicle without fully engaging the vehicle.
ATCs have been proven to significantly reduce the risk of accidents caused by underpowered vehicles, because of their added abilities to detect vehicle speed. This device also has the ability to detect the presence of a defective transmission.
With this technology now in place, the GMC Aircraft and Transmissions Control Class Action Lawsuit can finally come to a conclusion. Both parties involved in this lawsuit will have to come to an agreement in terms of a settlement and a trial date.