In the complaint for this class action, Plaintiff Jones Won claims that he purchased five General Motors vehicles—a 2016 Escalade and four 2015 Suburbans—and that the air conditioning system is so defective that it has failed in every one of the vehicles within a few months of purchase. In fact, he claims, in two of the vehicles, it has failed twice.
The Nationwide Class for this action includes all US consumer purchasers of the Products from August 16, 2011 to the present. If the Nationwide Class is not certified, alternatively a New York Class includes all New York purchasers of the Products from August 16, 2011 to the present.
The complaint claims that the air conditioning systems fail because of poor design and workmanship, yet GM makes its air conditioning systems sound advanced, describing the one in the brochure for the 2015 Suburban as “Tri-zone automatic climate control with individual climate settings for driver, right-front passenger, and rear passengers.” According to the complaint, however, the air conditioning system fails a few months after purchase, and while GM has redesigned some of the defective parts, it does not warn consumers and refuses to compensate them for the repairs needed when the defective parts fail.
The complaint describes the vehicles’ air conditioning system as having a closed area through which coolant is cycled under pressure, alternately warming and cooling and changing from fluid to gas, but never used up. However, the complaint alleges, GM uses too much coolant, which overpressurizes the system, and the parts of the system are too weak to stand up to the pressure. The complaint attaches a list of parts that it alleges fail during normal use. According to the complaint, as these parts fail, coolant leaks out, air leaks in, water vapor in the air freezes and blocks the system’s circulation, and even more coolant is lost. Eventually, the complaint says, when there is too little coolant to absorb heat from the air, ice forms in the system and does even more damage, until the system finally fails.
As proof that GM knows about these defects, the complaint points to a service bulletin the company issued to address the problem, which it claims states that pressurization and leak problems sometimes occur in vehicles even before they are sold to consumers.
The complaint thus alleges that GM has violated New York’s General Business Laws, breached its implied warranty of merchantability, and otherwise deceived and defrauded consumers.