— A GMC Yukon tail light failure class action lawsuit has been dismissed after a Florida Yukon owner filed the lawsuit because she paid about $671 for a replacement tail light assembly.
According to the lawsuit, 2017-2019 GMC Yukon, GMC Yukon XL, GMC Yukon Denali and GMC Yukon Denali XL SUVs are equipped with tail lights that allegedly should have been recalled years ago.
Florida plaintiff Rhonda Small says she purchased a 2017 GMC Yukon XL in February 2017, and about four years later the passenger-side Yukon tail light failed and was replaced for $671.85.
General Motors allegedly knows the Yukon tail lights fail from defects, yet the automaker forces owners to pay for replacements.
The plaintiff argues GM has issued bulletins and special programs about Yukon tail lights but never issued an official recall.
According to the Yukon class action lawsuit, special coverage adjustment (SCA) program N182180270 announced in November 2019 is a good example. Entitled, “Tail Lamps Inoperative,” it applied to Yukons but was limited to 2015-2016 Yukons only.
The program required GM dealers to replace failed Yukon tail lights for free and Yukon owners and lessees who paid for repairs were reimbursed. Replacement coverage was for six years or 72,000 miles.
The class action lawsuit alleges the Yukon tail light problem is caused by condensation inside the assembly which creates a fog inside the surface of the tail light lens.
GMC Yukon Tail Light Class Action Lawsuit Dismissed
General Motors filed a motion to dismiss the Yukon class action by arguing several points, mainly by asserting the plaintiff didn't personally own any of the GMC Yukons named in the tail light lawsuit. According to GM, there is no way the plaintiff suffered an "injury" from a failed tail light on a Yukon registered in a corporate name.
GM also attacked the lawsuit allegation regarding the special program for Yukon tail lights that allegedly didn't include model year 2017 Yukons.
GM told the judge the special coverage adjustment for tail lights was revised and extended to 2017 GMC Yukon, Yukon XL, Yukon Denali and Yukon Denali XL vehicles.
And GM says the business which owns the GMC Yukon named as the plaintiff's vehicle received notification of warranty extension in June 2020.
According to court documents, all warranty claims against GM should be dismissed because the plaintiff never had a relationship with General Motors concerning the GMC Yukon.
GM further argues the alleged Yukon tail light failure occurred almost a year after the warranty expired.
Multiple other GM arguments were against the plaintiff, including a claim related to the Magnuson-Moss Warranty Act which requires at least 100 named plaintiffs not provided by the class action lawsuit.
The automaker also told the judge the class action lawsuit wasn't filed within the four-year statute of limitations, and the plaintiff allegedly never mentions any misleading statements made by General Motors.
The judge earlier dismissed certain claims against GM but has now dismissed the tail light class action by agreeing with GM regarding warranty claims over the Yukons.
The plaintiff didn't have a connection to General Motors, and this was enough to convince the judge to toss the warranty claims. Additionally, the final blow came when the judge ruled there was nothing misleading or deceptive about GM's conduct.
The GMC Yukon tail light class action lawsuit was filed in the U.S. District Court for the Southern District of Florida: Rhonda Small v. General Motors LLC.
The plaintiff is represented by Freidin Brown, P.A., Pomerantz LLP, and Justice Law.
