GM has found ignition-switch trials in NY and a separate Texas proceeding this year “extremely helpful”, Cain added. From right: Feinberg, Biros, Mara Rudman, a consultant, and Gary Wingo, partner at consulting firm ARPC.
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General Motors has settled the last two bellwether ignition switch lawsuits in NY, bringing an end to the six test cases used as templates for numerous other lawsuits.
“Her injuries were significant and permanent”, said Bob Hilliard, a lead counsel for plaintiffs.
Carl Tobias, Williams Chair of Law at the University of Richmond School of Law, said that GM has been settling those cases that are not easy for them to win.
The ignition switches were defected in such a way that if the key-fob would be heavy, it would jostle off the ignition, immediately cutting down the power to the engine.
Of six bellwether cases, GM has settled three and won two.
“From our perspective, the bellwether trials in federal and Texas state court have been extremely helpful because they are typical of other cases”, Cain said.
GM also has been trying some bellwether cases at the state level. Of these, the first was dismissed and two were ruled in favor of GM, including one regarding a fatal crash in 2011 that involved a Saturn Sky.
One such case in 2014 that caused at least 124 people to die made the automaker shell out almost $875 million in death and injury claims, while also forcing it to recall 2.6 million small cars to replace the defective switches. At least 124 deaths have been linked to the defect, which the company has admitted openly.
GM resolved some claims for injuries and deaths blamed on the switch through an out-of-court program administered by Washington lawyer Kenneth Feinberg. The first was voluntarily dismissed by plaintiffs during the trial, and GM was cleared of liability in two others. Her air bags didn’t deploy.
Hilliard said the settlements announced Monday create “momentum” as the company and plaintiffs continue to try to resolve the cases before them.
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In the second case, Amy Norville lost control of her 2003 Saturn Ion in Kentucky on November 21, 2013, when she swerved to avoid hitting a deer. That’s helping all of the parties achieve their common goal: “the fair and timely resolution of lawsuits”.
