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This undated photo provided by the The Cooper Firm on behalf of the Melton family shows Brooke Melton, who was killed in a car crash while driving her Chevrolet Cobalt near Atlanta in March 2010. The Melton family settled a wrongful death lawsuit against General Motors. The family's lawyers now want to reopen the case and show that GM fraudulently concealed a problem with the car's ignition switch. (AP Photo/Courtesy of the Melton family)
Georgia lawsuit still causing trouble for GM
Auto safety » Death of 29-year-old nurse exposed GM’s slow response to ignition flaws.
First Published Jul 01 2014 03:27 pm • Last Updated Jul 01 2014 03:27 pm

Detroit • For more than a year, a lawsuit filed by Brooke Melton’s family has caused major migraines for General Motors.

Litigation over the 29-year-old nurse’s death was settled by GM last October. But not before it laid bare how the company allowed millions of small cars to stay on the road more than a decade after GM discovered ignition switch flaws linked to at least 13 fatalities.

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Now the case could upend GM’s strategy to compensate victims and limit its legal liabilities in such tragedies.

The Melton family lawyers want to reopen the case and show that GM fraudulently concealed the switch problem. If they win, more plaintiffs are likely to take the company to court or expect bigger payments.

Those payments are under the management of one of the nation’s top crisis compensation experts. GM has hired Kenneth Feinberg to settle hundreds of death and injury claims from crashes caused by the switches. Feinberg, who announced terms of his plan Monday, says there’s no limit on the total amount he can pay. But that total could rise if the Meltons’ lawyers can prove that GM fraudulently hid the switch problem, and other plaintiffs start demanding higher compensation.

The family settled the case for $5 million, but now alleges that a GM engineer who designed the switch lied under oath and the company covered it up.

At issue are the ignition switches in 2.6 million older Chevrolet Cobalts, Saturn Ions and other GM compact cars sold from 2003 to 2010. The switches can slip from "run" to "accessory," causing engines to stall. That knocks out power steering and brakes, making the cars difficult to control, and it disables the air bags.

The Meltons face some obstacles before they get another day in court. Judges prefer not to reopen settled cases. And GM has moved the case from Cobb County, Georgia, to the federal system, avoiding, for now, a judge with extensive knowledge of GM’s conduct.

Here’s a look at the case and its impact:

THE CRASH


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Just before 7:30 p.m. on a rainy Wednesday in March of 2010, Melton’s 2005 Cobalt went into a spin on Highway 92 near Atlanta. Another car hit the passenger side, knocking it off the road and into a creek. Melton, who was wearing her seat belt, was killed.

At first, police thought she was driving too fast and hit standing water. Facing a legal claim from the other driver, Melton’s family hired lawyer Lance Cooper, who sued GM because Melton’s car had stalled inexplicably a few days before the crash. Sensors in the car showed the ignition switch had slipped into "accessory" just before the accident. The lawsuit alleged that she lost control because the engine stalled.

Through documents provided by GM in pretrial discovery, Cooper determined that engineers knew years before Melton’s crash that the Cobalt’s ignition switch could easily slip out of the run position. But instead of warning drivers through a recall, GM sent dealers a bulletin telling them how to fix the problem — but only if a customer complained.

A ‘BOMBSHELL’ AND A SETTLEMENT

During pretrial depositions, Cooper presented evidence from an engineering expert who found that parts inside Cobalt switches had been changed after Melton’s car was manufactured. The change tightened the switches and made them unlikely to slip out of "run."

In one deposition, GM engineer Ray DeGiorgio, the lead switch designer, told Cooper that he knew nothing about the changes. Also, he never authorized part maker Delphi Corp. to alter the switches.

Cooper contends DeGiorgio lied under oath and GM’s lawyers concealed it. There should be documentation of such a dramatic change to a part, but GM failed to produce it, even when ordered by a judge, Cooper said. "It’s all part of the cover-up," he said.

After DeGiorgio’s deposition in May 2013, an attorney representing GM reported the switch alteration to company lawyers, calling it a "bombshell."

Cooper knew he was on to something. But thinking he was at a legal dead-end to prove a cover-up, he reached the deal for GM to settle with Melton’s parents, Beth and Ken.

A report released by GM last month shows that the lawyer who represented GM warned of a "substantial adverse verdict" in a trial.

SECRET DOCUMENT SURFACES

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