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The Aug. 13 order
from Judge Robert Schaffer in Harris County, Texas, came in a
2013 case brought by Gloria Alexander that the automaker had
selected as the second test trial amid 20 similar cases in that
state court over the ignition switch.
The first bellwether trial, picked by plaintiffs' lawyers, began
last week. That case involves a man who had faced criminal
charges in connection with a fatal accident he blamed on the
ignition switch.
GM had argued that Alexander's case had no expert testimony to
support allegations the defective switch caused her 2007
Chevrolet Cobalt to veer out of control and strike a concrete
barrier before being hit by a pickup truck.
A lawyer for Alexander, Angel Hagmaier, called the decision
disappointing. She noted that GM previously admitted as part of
an agreement to end a U.S. criminal investigation that some of
its employees knew about problems with the ignition switch for
more than a decade before taking action.
If the switch slips out of position, it can cut power to
steering, air bags, brakes and other vehicle systems. GM had
argued that because the air bags deployed in Alexander’s
vehicle, the ignition switch must have been functioning properly
at the time.
The judge did not elaborate in his one-page order on why he
granted GM’s motion. A GM spokesman, Jim Cain, said in a
statement that the ruling was the “right call."
The Texas cases represent a small slice of the hundreds of
injury and death lawsuits against GM since it began to recall
vehicles equipped with the switch in 2014. Federal lawsuits have
been consolidated before a judge in New York.
Just one test trial in the federal litigation reached a verdict.
Jurors in March found GM was not liable for causing a 2014 crash
in New Orleans. Several other test trials have been settled or
voluntarily dismissed.
Another federal test trial is set to start in New York on Sept.
12. GM has already paid more than $2 billion in civil and
criminal penalties and settlements involving the switch.
(Reporting by Jessica Dye; Editing by Anthony Lin and Dan
Grebler)
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