Complaint and Demand for Jury Trial
Case 9:18-cv-81726-RLR Document 1 Entered on FLSD Docket 12/18/2018 Page 1 of 83 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA DENNIS DUFFY, RICHARD SULLIVAN, DANIEL BAPTIST, DENNIS SPEERLY, CLASS ACTION MICHAEL PLAFKER, JOHN IASIELLO, and BENJY TOMPKINS individually and CASE NO. on behalf of others similarly situated, Plaintiffs, v. GENERAL MOTORS, INC., Defendant. CLASS ACTION COMPLAINT AND DEMAND FOR JURY TRIAL Plaintiffs Dennis Duffy, Richard Sullivan, Daniel Baptist, Dennis Speerly, Michael Plafker, John Iasiello, and Benjy Tompkins, individually and on behalf of all others similarly situated, hereby file suit against the Defendant listed above and allege the following: INTRODUCTION 1. Plaintiffs and class members purchased or leased new and used vehicles manufactured by General Motors (“GM”) between 2015 and 2018. Each of these vehicles is equipped with one of two models of eight-speed automatic transmissions, both manufactured by GM: the GM 8L90 or the 8L45.1 2. These transmissions have a common defect. Drivers attempting to accelerate or decelerate their cars feel a hesitation, followed by a significant shake, shudder, jerk, clunk, or “hard shift” when the vehicle’s automatic transmission changes gears. Said shudder, shake and 1 Vehicles equipped with one of these transmissions (the “Subject Vehicles”) include the 2015-2019 Chevrolet Silverado; the 2017-2019 Chevrolet Colorado; the 2015-2019 Chevrolet Corvette; the 2016-2019 Chevrolet Camaro; the 2015-2019 Cadillac Escalade and Escalade ESV; the 2016-2019 Cadillac ATS, ATS-V, CTS, CT6, and CTS-V; the 2015-2019 GMC Sierra, Yukon, and Yukon XL, and Yukon Denali XL; and the 2017-2019 GMC Canyon.
[Show full text]