A leaky sun roof may not sound like much of a problem, but when the incoming water damages electronics, creates moldy interiors, and requires expensive repairs, consumers are likely to expect some remedy from the company. The complaint for this class action alleges that General Motors (GM) put out Cadillac SRX vehicles for model years 2010-2013 with defective sun roof design, materials, or workmanship, that the company was aware of the problem while the vehicles were within warranty, and that it should cover such damage under its warranties.
The class for this action includes all current and former owners or lessees of 2010-2013 Cadillac SRX vehicles located in California who paid for repairs or replacements of their vehicles because of the leaking sun roof defect.
Plaintiff Kelley Gaines claims she got into her Cadillac one late February day in 2017 and found the carpet soaked with water, and, on or about March 7, 2017, she took her car to the Marvin K. Brown Auto Center for repair and cleaning. According to the complaint, the repair people also found that the padding between the firewall and instrument panel assembly was also soaked with water, requiring an electrical system diagnostic as well as removal, drying, and cleaning of the carpet and replacement of the front sun roof drain tubes. The complaint alleges that these repairs were necessitated by the leaking sun roof defect, and that while the insurance company paid some of the cost of these repairs, Gaines had to pay the $250 deductible from her own pocket.
The complaint claims that in or about August 30, 2013, GM issued a bulletin for professional repair people entitled, “Water Leak at Driver/Front Passenger Floor Area and/or Front Carpet Wet” and identifying the most common causes as “• There may be a void in the cowl seam sealer, in the corners below the sunroof drain hose grommets. • The sunroof front drain hose grommet(s) may not be connected or fully sealed in the cowl panel or at the sunroof frame spigot. • The sunroof front drain hoses are mis-routed or are too short, and display a higher level of tension. This higher tension may tend to cause a future disconnect or unseating of the grommet.”
The complaint says that GM issued two further bulletins on the same problem, in September 2013 and January 2015, the January one related to a customer satisfaction program to address the leaks that specifically excluded vehicles in California. Thus, the complaint claims, GM knew of the problems with the leaking sun roofs and knew that it needed to correct them.
The complaint alleges that, since Cadillac provides a 48-month, 50,000-mile, bumper-to-bumper limited warranty, with no deductible, that covers any defects related to materials or workmanship, it should cover all repairs that are needed due to the leaking sun roofs. Instead, it alleges, GM has yet to provide a permanent remedy for the leaking sun roofs, which will continue to necessitate servicing and cost the owners money and trouble.