DeBarros v. General Motors LLC

          ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION TO DISMISS PLAINTIFF'S AMENDED COMPLAINT [ECF No. 13]

          Victoria A. Roberts United States District Judge

         I. INTRODUCTION

         This case arises out of Plaintiff Joao Arlindo Ornelas DeBarros' (“DeBarros”) purchase of a 2015 Chevrolet Corvette Z06 (“Z06”). In his amended complaint, DeBarros alleges, among other things, that his Z06 is defective and that Defendant General Motors LLC (“GM”), the manufacturer of the Z06, breached written and implied warranties by failing to repair or replace his car which presented with numerous instances of overheating during normal driving conditions.

         Before the Court is GM's motion to dismiss the amended complaint pursuant to Federal Rule of Civil Procedure 12(b)(6).

         GM's motion is GRANTED IN PART and DENIED IN PART.

         II. BACKGROUND

         DeBarros purchased his Z06 in April 2015 from a GM-authorized dealership in Georgia. The Z06 came with GM's New Vehicle Limited Warranty (“Warranty”), an express warranty providing “bumper-to-bumper” coverage for the first three years or 36, 000 miles, whichever comes first.

         DeBarros alleges he bought the Z06 based on GM's representations that the Z06: (1) was a “true world-class supercar, ” “[a] driver's car with no equal, ” “the most capable model in the iconic car's 62-year history, ” and GM's most powerful production car ever; (2) “featured ‘[a]dvanced technologies,' an ‘optimized powertrain, and a ‘mantra' of ‘precision'”; (3) was equipped with certain features, including larger front fender vents, to deliver the most possible airflow to the engine; and (4) could handle the stresses of everyday driving. DeBarros further claims that he relied on GM's Warranty, under which he alleges GM promised to correct “any vehicle defect.” Despite GM's representations, DeBarros alleges he began experiencing problems with his car shortly after purchase. He alleges his Z06 repeatedly overheated during normal driving conditions, causing the car to operate at significantly reduced speeds and/or unexpectedly enter “Limp Mode” - the car would drastically lose power and speed, greatly increasing the risk of accident. Moreover, DeBarros claims that GM failed to correct the defect despite many opportunities to do so.

         Specifically, DeBarros alleges that from June 2015 to August 2018, he returned his Z06 to GM-authorized dealerships for repairs related to the cooling system on 11 occasions, for approximately 99 days of repair work:

1. June 10, 2015: DeBarros presented his Z06 for service after experiencing engine overheating and drastic loss of power and speed (i.e., “Limp Mode”); the high temperature that day was 85°F. The repair order states that the conditions could not be duplicated; however, it also indicates that the car was dropped off and returned with the same mileage - 1, 843 miles.

2. August 5, 2015: DeBarros presented his car with overheating and Limp Mode issues; the weather was 85°F that day. The dealership again indicated that it could not reproduce the overheating and Limp Mode issues.

3. November 9, 2015: Same complaints as previous two visits. Dealership drove the car for four miles but could not reproduce overheating and Limp Mode issues. High temperature that week was 74°F.

4. August 3, 2016: DeBarros reported that his car was overheating “in stop and go traffic” and the “hot idle engine” warning would not clear even after letting the car cool down. The average temperature that day was 83°F. The GM dealership determined the coolant pump was leaking and replaced it.

5. August 8, 2016: DeBarros presented his car complaining of “a weird burning smell coming from the vehicle when hot” and a “rattle noise.” 6. November 4, 2016: During scheduled maintenance, DeBarros complained his car's engine was overheating while idle. Dealership diagnosed a leak in the coolant pump, the second such leak, and replaced it. Weekly high of 86°F.

7. December 6, 2016: DeBarros presented his car with coolant pump issues, and it was replaced for a third time. The high temperature that week was 64°F.

8. March 8, 2017: DeBarros presented his car with ongoing overheating issues. Without test driving the car, the dealership indicated that it could not verify the concern. High temperature of 76°F that week.

9. June 1, 2017: DeBarros presented his car with overheating complaints, and the dealership found that the cooling system boiled over. Weekly high of 86°F.

10. July 5, 2017: DeBarros presented his car with cooling issues; the dealership replaced the coolant pump for the fourth time. Weekly high of 82°F.

11. April 6, 2018: DeBarros presented his Z06 for repairs; the dealership replaced the radiator surge tank upon concluding that it leaked when the car was hot. Weekly high of 81°F.

         During one service visit, DeBarros was referred to GM Service Bulletin PIP5311C, which states that: (1) the Z06 “is designed to keep engine oil, coolant, transmission and differential fluids below the hot warning targets when driving . . . on [an 86°F day] . . . for an indefinite period of time (effectively the time to burn through a full tank of fuel)”; and (2) GM's “team validates the durability of the Z06 cooling systems with a 24hr accumulated track test to simulate the most aggressive track-day usage by our customers.” DeBarros alleges that his Z06 frequently overheated “under the limited stress and strain of stop-and-go traffic” when the temperature was at or below 86°F. DeBarros says “[his] ¶ 06 is defective” “based on ...