0310 Gm Deposition

VICTOR HAKIMMELTON vs. GENERAL MOTORS

ESQUIRE

June 11, 2013

I N THE STATE COURT O F COBB COUNTYSTATE OF GEORGIA

KENNETH DAVID MELTON AND MARY ELIZABETHMELTON, I n d i v i d u a l l y , a n d a s A d m i n i s t r a t o r so f t h e E s t a t e o f JENNIFER BROOKE MELTON,deceased,

P l a i n t i f f s ,

VS

GENERAL MOTORS L L C , THORNTON CHEVROLET,I N C . , B I L L HEARD CHEVROLET AT TOWN CENTER,LLC, a n d D E I HOLDINGS, I N C . ,

D e f e n d a n t s .

C i v i l A c t i o n 2 0 11 - A - 2 6 5 2

VIDEOTAPED 3 0 ( b ) (6 ) DEPOSITIONDEPONENT: V I C T O R HAKIMDATE: T u e s d a y , J u n e 11 , 2 0 1 3TIME: 1 0 : 1 1 a . m .LOCATION: W e s t i n D e t r o i t M e t r o p o l i t a n A i r p o r t

2501 W o r l d g a t e w a y P l a c eD e t r o i t , M i c h i g a n 4 8 2 4 2

REPORTER: A n g e l a E . B r o c c a r d o , CSR 4 6 7 9

1

1 APPEARANCES:23 L A N C E A. COOPER4 T h e Cooper Firm5 7 0 1 Whitlock Avenue, S.W.6 B u i l d i n g J, Suite 437 M a r i e t t a , Georgia 300648 ( 7 7 0 ) 427-55889 A p p e a r i n g on behalf of the Plaintiffs.

1011 H A R O L D E. FRANKLIN, JR.12 K i n g & Spalding, LLP13 1 1 8 0 Peachtree Street, N.E.14 A t l a n t a , Georgia 3030915 - ( 4 1 4 ) 572-353916 * Appear ing on behalf of the Defendant General17 4 1 1 . . . Motors, LLC1819 S H A W N N. KALFUS20 F r e e m a n , Mathis & Gary, LLP21 lott 1 0 0 Galleria Parkway, Suite 1600

22 )2 % . .n t a , Georgia 30393 (770) 818-425024 A p p e a r i n g on behalf of Defendant Thornton25 C h e v r o l e t , Inc.

2

1 APPEARANCES CONTINUED:23456789

1011 A L S O PRESENT:12 P a t r i c k Murphy, Videographer13141516171819202122232425

KENNETH SISCO (Telephonically)Law Offices of Ian R. Rappaport5565 Glenridge Connector, Suite 500Atlanta, Georgia 30342(678) 473-3387

Appearing on behalf of Defendant DEIHoldings, Inc.

3

TABLE OF CONTENTS123456789

10 E X H I B I T D E S C R I P T I O N11 (Exh ib i t s attached to transcript.)12 E x h i b i t No. 113 E x h i b i t No. 214 E x h i b i t No. 315 E x h i b i t No. 416 E x h i b i t A17 E x h i b i t No. 51819202122232425

WITNESSVICTOR HAKIM

EXAMINATION BY MR. COOPEREXAMINATION BY MR. KALFLISEXAMINATION BY MR. FRANKLINRE-EXAMINATION BY MR. COOPER

PAGE

PAGE

6169176

198

Amended Notice 5Cobalt Claims Volume 1 8Cobalt Claims Volume II 9 2Claims Notebook 1 4 6

Defendant's Objections to Notice 1 7 5Bates Pages 37595 through 37610 2 0 1

4

800.211.DEPO(3376)EsquireSolutions.com

tif795fa4-al 913-41:03-8775-98895e393e47


June 11, 2013

251 f o r GM and its subsidiaries and would like to continue2 t o support the company. Indeed, prior to this matter,3 I have never had a complaint with any of my GM4 v e h i c l e s , and I continue to have respect for the5 s e r v i c e personnel at my dealership. But, now, as you6 m i g h t imagine, I am saddened and disappointed that Mr7 Y e a r w o o d seemed indifferent to my plight and I am8 a f r a i d to drive this car.9 " P l e a s e consider this letter notice of a

10 s e r i o u s potential hazard and defect that should be11 i n v e s t i g a t e d , especially in view of the fact that the12 C o b a l t is a new model."13 D i d I read that correctly?14 A . Yes .15 Q . D o you know why the dealership and GM didn't tell16 M s . Civardi about the technical service bulletin?17 A . N o , I don't know, and I don't know if the bulletin was18 o u t at that time or not. I don't recall.19 Q . Wel l , we saw earlier in the first claim that the20 b u l l e t i n was out because they talk about the bulletin21 i n the March claim, don't they?22 M R . FRANKLIN: Object to form.23 T H E WITNESS: I don't remember. Can you24 p o i n t me back to that?25 B Y MR. COOPER:

1617181920

1 Q . Well , the jury heard it.2 D o you recall that?3 M R . FRANKLIN: Object to form.4 T H E WITNESS: Can you point me back to the5 p a g e ? Do you mind?6 B Y MR. COOPER:7 Q . Sure. I f you look back at tab 1.8 A . Tab . l .9 . Q . Open date, March 8th, 2005.

10 D o you see that?11 A . Yes .12 Q . A claim -- the Rebecca Bowden claim, and if you look13 a t the first paragraph, which we read, in the middle

of the paragraph says:"Customer states bulletin claims engines

may stall if driver is short and has a large keygo.Vaip."

24 A.25 Q .

26

This is March 28th of two thousand --excuse me, March 8th of 2005. The claim was closed onMarch 28th of 2005.

So as of March 28th, 2005, at leastording to this claim, the bulletin had to have been

issued; correctiLitIt sounds that way, yes.Do you know then, sir, why Ms. Coelho or anyone at GM

271 d i d n ' t make Ms. Civardi aware of the bulletin and the2 p o t e n t i a l fix to the stalling problem?3 M R . FRANKLIN: Object to form.4 T H E WITNESS: Yeah, I do not.5 B Y MR. COOPER:6 Q . I f you can go to tab 5, please, sir. Right there, tab7 5 .8 A . Tha t last claim, there was a repurchase, it looks9 l i k e , right, of that vehicle?

10 Q . Correct, they chose to repurchase --11 A . S o they did repurchase the vehicle from the customer.12 Q . Ta b 5. It's Markeese Hampton from Maryland made a13 c l a i m involving a 2005 Chevy Cobalt. The claim was14 o p e n e d on May 2nd of 2005, and the vehicle had15 3 , 0 0 0 miles on it; correct?16 A . Correct.17 Q . A n d again, the agent note is stalls?18 A . Correct.19 Q . A n d customer states here down on the page:20 " V e h i c l e stalls out while driving. Twice21 w h i l e on the freeway. Took to dealer. Dealer said22 c o u l d n ' t duplicate and customer should come back when23 i t happens again. Customer states they are losing24 c o n f i d e n c e in vehicle and believes it is a safety25 c o n c e r n . "

123456789

10111213141516171819202122232425

A.Q.

A.Q.A.

28Did I read that correctly?

Yes.If you go to the next page, sir, ending in 49, the

highlight there toward the bottom of the page. TheCRM is assisting the customer, and the customerstates:

"Cobalt one month after purchase vehiclecuts off with a tractor-trailer behind him and italmost killed them. His wife was also in a similarsituation where vehicle stalled while she wasdriving."

Did I read that correctly?Yes.Turn to tab 6, please, sir.Okay.

MR. FRANKLIN: Lance, one moment. Thecopies that I've gotten don't have -- like yours andthe witnesses, don't have the highlighted sections.I'm trying to follow, but you are going to have tobear with me so that I can make sure I am followingwhat you're reading and asking the witness to read.

What you've just read I take it is thebottom paragraph on page 18049; is that right?

MR. COOPER: Correct.MR. FRANKLIN: The full paragraph there?

ESQUIRE 800.211.DEPO(3376)EsquireSolutions.com

df795b4-al913-0133-8775-98895e393e47


ESQUIRE

June 11, 2013

291 M R . COOPER: Correct.2 M R . FRANKLIN: Okay.3 B Y MR. COOPER:4 Q . I f you go to tab 6, please, sir, Michael Smith from5 T a m p a , Florida owned a 2005 Cobalt. Made a claim the_6 G M opened on May 3rd of 2005. The vehicle had7 2 , 5 0 0 miles on it. And again, the agent note is8 s t a l l s ; correct?9 A . Correct.

10 Q . I n the second paragraph of this claim:11 " C u s t o m e r states that his brand new car12 k e e p s having continuous stalling problems while13 v e h i c l e is moving and while in a stopped position.14 C u s t o m e r is very concerned on a safety aspect that the15 v e h i c l e will stall at a bad time. Customer states he16 h a s only made one payment on vehicle, yet vehicle has17 b e e n in the service department four to five times in18 t h e first 2,500 miles on it."19 D i d I read that correctly?20 A . Yes .21 Q . G o to the next page, sir, ending in 52, fourth22 p a r a g r a p h :23 " C u s t o m e r states that he is very concerned24 w i t h the safety of his vehicle. Customer states that25 p r o b l e m usually happens at a stoplight with foot on

123456789

1011121314 A .15 Q .

, 161718

I 192021

22 Q . S o the answer is you don't know why they didn't?

2 1 1. i o r r i c t .-2'4 M R . FRANKLIN: Object to form.25 B Y MR. COOPER:

30brake. Customer states when he steps on gas toaccelerate, vehicle will sometimes stall as it beginsto move. Customer states that the problem is that thevehicle has a hard time turning over and othervehicles are having to hit their brakes and sometimesalmost hit him. Customer states he is not trying tobe a pain, but is very frustrated that his brand newcar is acting this way, and that the dealer responseis always the same where they cannot find the problemand tell customer to drive vehicle around for a whileto see what happens next. Customer states that hewants dealer to repurchase vehicle."

Did I read that correctly?YesDo you you know why GM never told Mr. Smith about the

technical service bulletin involving this vehicle?MR. FRANKLIN: Object to form.THE WITNESS: Well, I don't. I don't see

any mention in here about the key or key being anissue.

BY MR. COOPER:

311 Q . I f you would go to tab 7, sir, please.2 A . D o you mind if I look at the rest of that document?3 Q . Sure.4 A . A l l right. So the gist of that is they replaced a5 d i o d e , but it kind of ended there. All right.6 Q . They never told Mr. Smith about the technical service7 b u l l e t i n , did they?8 M R . FRANKLIN: Object to form.9 T H E WITNESS: I didn't see that mentioned

10 i n the document, but they did an electrical repair on11 i t .12 B Y MR. COOPER:13 Q . A n d did you bring this document, Mr. Smith's claim,14 w i t h you here today?15 A . Which tab was that again? 6? Was that tab 6?16 Q . Yes , sir.17 A . I don't believe I did.18 Q . I s this the first time you've seen this claim?19 A . I remember seeing it, so I don't believe it is the20 f i r s t time that I've seen it.21 Q . W h o pulled the documents for you to review in22 p r e p a r a t i o n for this deposition?23 M R . FRANKLIN: Object to form or object24 t o the question to the extent it calls for privileged25 i n f o r m a t i o n .

321 B Y MR. COOPER:2 Q . Yo u can answer.3 A . S o what was the question?4 Q . T h e question is, in preparation for this deposition, I5 u n d e r s t a n d that you reviewed a number of claims, some6 o f which you have here today, some of which you chose

not to provide here today.8 W h o pulled all of the initial claims to9 s t a r t with for you to review?

10 M R . FRANKLIN: Let me object, again, and11 r e s t a t e what I stated at the beginning, that Mr. Hakim12 h a s been presented to talk about the subjects as set13 f o r t h in the objections to the amended notice and has14 b r o u g h t with him the claims that fit that description.15 B Y MR. COOPER:16 Q . Yo u can answer the question.17 A . T h e discovery coordinator at legal staff.18 Q . W h o is that?19 A . Jamie Morrison.20 Q . S o you had nothing to do with actually pulling the21 c l a i m s ?22 M R . FRANKLIN: Object to form.23 T H E WITNESS: Well, I don't know what you24 m e a n by "pulling the claims."25 B Y MR. COOPER:

800.211 DEPO(3376)EsquireSolutions.com

df795fa4-a1913-410133-8775-98895e393e47


June 11, 2013

331 Q . W e l l , you are being presented --2 A . S o you have to kind of explain what you mean by3 " p u l l i n g the claims."4 Q . S u r e . A t some point in time in the recent past, I5 a s s u m e you were given notice that GM was going to put6 y o u up as the corporate representative for this7 d e p o s i t i o n ; correct?8 A . Cor rec t .9 Q . D i d you know anything about the case before that?

10 A . Ye s .11 Q . H o w did you know about the case?12 M R . FRANKLIN: Let me object to this line13 o f questioning.14 B Y MR. COOPER:15 Q . Y o u can answer.16 A . I know generally about the case because I work in the17 d e p a r t m e n t where the case is worked.18 Q . A n d when you were told you were going to be the19 c o r p o r a t e representative deposition, what did you20 i n d e p e n d e n t l y do to gather documents that may y o u21 m a y need to review in order to prepare yourself for22 t h e deposition?23 A . I didn't do anything independently. Documents and24 c l a i m s are pulled through legal staff, through search25 c r i t e r i a . I was satisfied -- I did check the search

341 c r i t e r i a , and I was satisfied it was a very thorough2 s e a r c h , and those claims were provided to me to review3 t h r o u g h legal staff.4 Q . A n d what search criteria did you review?5 A . T h e criteria that they used, which was very broad6 s e a r c h terms to search for claims.7 Q . A n d what was the criteria?8 A . I n general, they used the scope that was outlined in9 t h e -- for this case. S o vehicle scope, the term

10 " s t a l l , electrical, ignition, engine." So very broad11 t e r m s to generate as much as they could.12 Q . A n d then someone from GM legal counsel then provided13 y o u with the documents relating to these claims?14 = I M R . FRANKLIN: Let me object and instruct

F i l m t h e witness not to answer. I think this is calling16 f o r privileged communications between the witness and17 h i s attorneys.18 B Y MR. COOPER:

(-1N.

19 Q . I ' m allowed to know what documents you reviewed inpreparation for this deposition.

MR. FRANKLIN: Let me object. Lance, the

2 r witness has already testified that he has generally23 I ' v i e w e d all the documents, and that he has brought24 t h o s e that meet the criteria set forth in the25 o b j e c t i o n .

351 B Y MR. COOPER:2 Q . W h a t other documents did you review, other than what3 y o u ' v e brought with you here today?4 A . I reviewed, in general, the claims that were produced.5 Q . A n d when you say "in general, the claims that were6 p r o d u c e d , " did you f o r what vehicles?7 A . F o r the scope vehicles, the vehicles that were in the8 s c o p e for this matter.9 Q . A n d those were provided to you?

10 A . Ye s .11 Q . W h e r e are those documents now?12 A . W e l l , they are electronic.13 Q . S o you were provided them in electronic form and then14 p r i n t e d out what you have with you here today?15 A . Ye s .16 Q . L e t ' s go to tab 7, please. Maryellen Biddle from17 P e n n s y l v a n i a owned a 2005 Cobalt. She made a claim18 t h a t was opened on May 19th, 2005. There were19 9 4 5 miles on the vehicle, and GM decided to repurchase20 t h e Cobalt; correct?21 A . Correct .22 Q . A n d the agent notes again is stalling, stalls.23 D o you see that?24 A . I do.25 Q . A n d then on the initial description it says:

361 " C u s t o m e r calls. Customer states she just2 b o u g h t a new Cobalt for her daughter April 30th, 2005.3 T h e vehicle has stalled out three times now. This is4 a safety issue."5 D i d I read that correctly?6789

1011121314151.617181920212223242.5

A. Ye s .Q. G o to tab 8, please.

MR. FRANKLIN: Let me state for the record,Lance, I know you are presenting the witness withthese documents, and it's obviously fine to askquestions. I just want the witness to be able to befamiliar with it before we move on to the nextdocument, because he's not reading, necessarily,everything. Yo u are picking out certain aspects ofthese claims. S o I appreciate you letting the witnessbecome familiar with the document before you move onto the next one.

BY MR. COOPER:Q. T a b 8, please, sir. D o you have tab 8 in front of

you?A. Ye a h . I was just finishing reading the document, and

basically this is a repurchase. They couldn't figureout why she was having the concerns, and theyrepurchased the vehicle.

Q. P a g e 8, Eric Miller from the state of Washington ownec


cif795fa4-a 1 91)-4130-8775-98895e393e47


ESQUIRE

June 11, 2013

371 a 2005 Cobalt. The GM claim open date is May 24th,2 2 0 0 5 , the vehicle had 7,500 miles on it, and this3 v e h i c l e was also repurchased; correct?4 A . Correct.5 Q . A n d it says here on the bottom of the first page:6 " C u s t o m e r states that he's had multiple7 a t t e m p t s on a repair with the vehicle stalling out,8 b u t the dealership has had no success to date in9 f i x i n g the concern. Have replaced the fuel pump and a

10 m o d u l e . Currently the vehicle is at the dealer and11 h a s been for a few days, and he's in a loaner vehicle.12 S e e k s repurchase of the vehicle, if possible."13 D i d I read that correctly?14 A . Yes .15 Q . A n d then if you look at -- there is a red tab, or16 t h e r e should be, toward the back of this. Well, let17 m e see.18 T h i s claim, GM actually attached the TSB19 i n v o l v i n g the --20 A . I f you don't mind, can I just look at these other --21 j u s t glance at these other pages until we get there?22 Q . S u r e .23 A . Thank you.24 O k a y . I'm to your tab now.25 Q . A n d the tab is the technical service bulletin for the

1234567a9

1011121314151617181920

engine stalling as a result of the key moving in theignition?

MR. FRANKLIN: Is this page 18198?MR. COOPER: Correct.MR. FRANKLIN: Thanks.

BY MR. COOPER:Do you see that?Yes.And it's dated February 28th, 2005?Yes.Did you bring Mr. Miller's claim with you here today

sir?A. I don't believe so.Q. S o you are not prepared to testify about this claim,

other than what you've read here today?MR. FRANKLIN: Object to form.THE WITNESS: No, I don't agree with your

statement.BY MR. COOPER:111 You are prepared to testify?

Q.A.Q.A.Q.

38

1 w A . O f course.What did you cinklith Mr. Millers claim to review it

b e f o r e today?2 4 A. Well, you know, I can't recall if I reviewed it or25 n o t . I believe I may have, but ask me any questions

123456789

10111213141516171819202122232425

39you want about it.

Q. Okay. Tab 9, sir. Raymond Arjona from New York owneda 2005 Chevy Cobalt. The GM claim was opened onJune 6th of 2005. The odometer had 4,000 miles on it.

Do you see that?A.Q.

Yes.If you go down in the body of the document:

"Customer states has had the vehicle stallin the middle of use four times. Customer states thatshe has had the vehicle taken to the vehicle dealertwice. Customer states after the first visit thecustomer was advised the concern had been correctedand to pick the vehicle up. Customer advised the sameday of receiving the vehicle the problem occurredagain. Customer states she took the vehicle back tothe dealer and is now being told there is no fix forthe concern. However, dealer advised of a bulletinadvising that if there are an excessive amount of keysor if the driver knee hits the ignition, the vehiclecan stall. Customer seeks a better type of resolutionthan to adjust her daughter's driving habits who isthe driver of the vehicle. Customer states she willnot pick the vehicle up until a better resolution isreached."

Did I read that correctly?

910111213141516171819202122232425

401 A . Ye s .2 Q . D i d you bring Mr. Arjona's claim documents with you3 h e r e today?4 A . I don't think so. Let me just check. No.5 Q . Ta b 10, sir. Audrey Naguina from Davenport, Iowa6 o w n e d a 2005 Chevy Cobalt. The GM claim open date is7 J u n e 9th of 2005. In the agent note is stalls;8 c o r r e c t ?

A. Correct.Q. A n d the body of the document:

"Numerous concerns. Customer states hastaken in numerous times. Died again yesterday.Dealer states concern cannot be duplicated. Statesalmost had an accident while trying to start vehicleagain. States brand new car should not have so manyconcerns. Is getting frustrated with vehicle."

Did I read that correctly?A. Ye s .Q. Ta b 11, please.

MR. FRANKLIN: Same objection I had before.I'd like the witness to be able to review it beforemoving on to the next document.

THE WITNESS: Okay.BY MR. COOPER:Q. According to this document, Ms. Naguina was never made


d1795fa4-al 913-00-8775-98895e393e47


June 11, 2013

411 a w a r e of the technical service bulletin, was she?2 M R . FRANKLIN: Object to form.3 T H E WITNESS: I t does not I can't say4 t h a t for a fact, but it doesn't state that in the5 d o c u m e n t .6 B Y MR. COOPER:7 Q . T a b 11, please. Nathaniel Long from Cleveland, Ohio8 o w n e d a 2005 Chevy Cobalt. The GM claim open date is9 J u n e 10th of 2005, the odometer was 4,943 miles, and

10 t h e agent notes is stalls; correct?11 A . Correct .12 Q . A n d the body of the document:13 " C u s t o m e r states just purchased a vehicle14 l e s s than 90 days. '05 Chevy Cobalt. Now has15 c o n c e r n , happened two times, and hit a bump in the16 s t r e e t , and the whole car cut off. Car shut off17 y e s t e r d a y when coming down a hill and engine shut off18 a n d could not turn. Car is being serviced this19 m o r n i n g . Not happy with vehicle now. Vehicle is at20 L a k e s h o r e Chevrolet. Has told service about the21 c o n c e r n . Customer states she is not getting back in22 t h a t car."23 D i d I read that correctly?24 A . Ye s .25 Q . A n d according to this document, Nathaniel Long was

1 n e v e r made aware of the technical service bulletin; is2 t h a t right?3 M R . FRANKLIN: Object to form.4 T H E WITNESS: It sounds like maybe they5 w e r e on page 18267 at the top. The bulletin is6 m e n t i o n e d there.7 B Y MR. COOPER:8 Q . Okay. So they actually were made aware of the9 b u l l e t i n . "Nothing out for bulletin except heavy key

10 c h a i n and customer states does not have one."11 I s that what it says?12 A . Ye s .13 Q . Okay. Let's go to tab 12.

42

,-14 A . I f you don't mind, I just want to finish --15 Q . Sure .r-16 A . t a k i n g a look at this one. Okay.

Q. Ta b 12, please. Elsie Garrison from Guntersville,18 Alabama owned a 2005 Chevy Cobalt. The GM claim open19 date is 6-27-2005, the vehicle had 2,500 miles on it,

and again the agent note was stalls; is that right?A. Correct.Q. A n d if you look in the body of the document, the

23 I igh l igh ted s e a t : "CRM statal.-- that's the GM employee25 s t a t e s -- "the customer claims that her vehicle stalls

431 f o r no reason at no specific time."2 A n d the last paragraph:3 " C u s t o m e r states at various intervals the4 v e h i c l e dies for no reason. When the engine stops5 r u n n i n g , no lights will come on. The steering locks6 a n d it's hard to brake. She took vehicle to the7 d e a l e r in May, and the vehicle has done this twice8 s i n c e then. There is no specific time or place the9 v e h i c l e does this. The purpose for trading her old

10 c a r was to have a dependable vehicle to take her11 m o t h e r to the doctor."12 D i d I read that correctly?13 A . Ye s .14 Q . I f you would go to tab 13, please.15 M R . FRANKLIN: Have you had a chance to16 f i n i s h reviewing it?17 T H E WITNESS: I 'm getting there. Okay.18 I ' m good.19 B Y MR. COOPER:20 Q . T a b 13, sir. Christopher Whitt from McCarr, Kentucky21 o w n e d a 2005 Chevy Cobalt. The GM claim open date is22 J u n e 27, 2005, the odometer 8,481 miles, and the23 v e h i c l e -- the agent note is stalls.24 D o you see that?25 A . Ye s .

441 Q . A n d if you go to the next page ending in 75, the2 h i g h l i g h t e d section:3 " C u s t o m e r states approximately 3,000 miles4 o n vehicle. Calling to see if there is anything out5 o n issue she is having with her vehicle, 2005 Cobalt,6 a n y reports of vehicle stalling. Can be driving down7 t h e street and the vehicle just dies. N o consistence8 i n speed. Has called the dealer and they have asked9 t h e customer to bring in the vehicle on Saturday to

10 d i a g n o s e . "11 A n d you go down further:12 " C u s t o m e r states that her Chevy Cobalt went13 i n t o the shop on July 9th, '05 for the vehicle just14 t u r n i n g off on her. Customer states at the time the15 d e a l e r told her they let the vehicle run for one hour16 a n d then drove it for 13 miles, and the car did not17 d u p l i c a t e the concern. Customer states that she feels18 i t is a safety issue."19 D i d I read that correctly?20 A . Y e s .21 Q . T h e n if you go to the next page, there is a discussior22 a b o u t the diagnosis, ending in 76.23 A . W h i c h page are we on? This one?24 Q . E n d i n g in 76, yes, right here. I t says:25 " G e t diagnosis from dealer. Dealer did not

ESQUIRE 800.211 DEPO(3376)EsquireSolutions.com

cit.795fa4-al9b-413133-8775-98895e393e47


June 11, 2013

451 d u p l i c a t e the problems. There is a TSB for these2 s y m p t o m s . Have ordered the parts and will be in at3 t h e end of the week."4 D i d I read that correctly?5 A . Yes .6 Q . Then you go to the next page, sir, top of page 78, it7 s a y s :8 " H a v i n g issue again. Customer states the9 d a y before yesterday the car died again. Key ring

10 d i d n ' t resolve the issue. Was almost in car accident.11 C a r behind her almost hit her."12 D i d I read that correctly?13 A . Yes ,14 Q . G o to tab 14, please, sir.15 M R . FRANKLIN: Again, I would ask the16 w i t n e s s be allowed to read the portions of the17 d o c u m e n t that were not inquired about.18 B Y MR. COOPER:19 Q . A n d I won't ask this every time, sir, but we are going20 t o mark all the documents you brought with you today21 a s an exhibit, and obviously we can assume that,22 a l t h o u g h you may have reviewed the claims, that you --23 b e f o r e today, you came here prepared to testify only24 a b o u t the claims that are set forth in the documents25 y o u brought with you today; correct?

461 M R . FRANKLIN: Object to form.2 T H E WITNESS: Well, the claims that were3 b r o u g h t here meet the criteria that was described by4 M r . Franklin where we had an allegation of stalling5 a n d loss of control, and I think almost all the claims6 t h a t we've reviewed -- I'm not sure all of them --7 t h a t you have in your book did not result in loss of8 c o n t r o l .9 B Y MR. COOPER:

10 Q . A n d you did not come prepared to testify about those,11 a l t h o u g h obviously, as we sit here today and talk12 a b o u t them, you can talk about what is in the13 d o c u m e n t s that are before you today; correct?14 M M R . FRANKLIN: Object to form.

THE WITNESS: Again, I'm not sure what you16 m e a n by "prepared to." I mean what we said was that

g o .17 w e would testify on the documents that are in that18 a m e n d e d notice, and that is what I brought. Right?19 S o "prepared" is kind of an ambiguous word.20 B Y MR. COOPER:

( 1 , Q . Wel l , no, "prepared" is not -- "prepared" means, if I2 s k you, for example, about a claim and document in

a i l j l e r e l h i c h youVimeln't bring with you today, you would24 n o t be prepared to testify about it, unless I25 p r e s e n t e d you with my own document today and you jus

471 b a s i c a l l y reviewed it and either confirmed or didn't2 c o n f i r m what I said about it.3 M R . FRANKLIN: Object to form. The4 w i t n e s s , Lance, is not required to bring documents.5 I t ' s just that we did bring those that met the6 c r i t e r i a . But you can ask the witness about any of7 t h e documents that you've brought.8 T H E WITNESS: Yeah.9 B Y MR. COOPER:

10 Q . Yo u can answer the question.11 A . S o , in essence, I brought documents that were part of12 t h i s notice. Right? I did not bring all these other13 d o c u m e n t s , but they have been produced, and you hays14 t h e m , and you can certainly ask me questions about15 t h e m .16 T h e s e documents again, I think almost17 a l l of the documents that we've talked about here did18 n o t involve any loss of control.19 Q . Okay. Do you want to finish with your review?20 A . Sure. Thank you.21 O k a y . I'm good with that one.22 Q . S o go to tab 14, please. A Glen Wilt claim. He's23 f r o m Garrettsville, Ohio. He owns a 2005 Chevy24 C o b a l t . The claim open date, June 27, 2005. Vehicle25 h a s 12,000 miles on it. Again, the agent notes is

481 s t a l l s ; is that correct?2 A . Correct.3 Q . And if you go to the top of the next page, it says:4 " F r i d a y customers wife was in the vehicle5 o n the way home when the vehicle stalled in the middle6 o f the intersection. Customer feels that she was7 n e a r l y hit in the intersection."8 D i d I read that correctly?9 A . Yes.

10 Q . G o to tab 15, please.11 A . Okay. So if you don't mind me just kind of glance12 t h r o u g h the rest of this.13 S o this one, again, did not involve loss of14 c o n t r o l . Okay.15 Q . W h a t do you know about the Helen Nute case, Helen Nute16 c l a i m ?17 A . S o you'll have to help me with the number.18 Q . We l l , see if it's in your documents there, sir.19 A . A r e you going to give me a Bates number, or do you20 w a n t me to look through names?21 Q . Su re , look through names.22 A . S o spell the name for me, please.23 Q . He len N-u-t-e. Actually, the Bates number, I've got24 i t . 18335.25 A . I don't think I have that one in here. 18335?

ESQUIRE 800.211 .DEPO(3376)EsquireSolutions.com

dt795fa4-a1913-413133-8775-98895e393e47


June 11, 2013

491 Q . Ye s .2 M R . FRANKLIN: While he looks at that,3 L a n c e , I want to confirm, 14 was the Glen Wilt case,4 B a t e s number 18285; is that right?5 M R . COOPER: Correct.6 M R . FRANKLIN: Okay. And we've not gone to7 1 5 yet?8 M R . COOPER: Correct.9 M R . FRANKLIN: Okay. Thanks.

10 T H E WITNESS: A l l right. So unless I've11 m i s o r d e r e d these, I don't have that one in here.12 B Y MR. COOPER:13 Q . S o do you know anything about it? Are you prepared to14 t e s t i f y about it?15 A . W e l l , I can't remember about it. I f I can look at it,16 I may be able to answer your questions.17 Q . T h e question is, are you prepared today to testify18 a b o u t that claim?19 A . I f you show me the claim, I can answer your question.20 I can't answer a question that way. I 'm prepared to21 t e s t i f y about claims. I brought claims that involved22 l o s s of control as defined in our objection, and if23 y o u let me look at the claim, we can see if I can24 a n s w e r questions about it for you.25 Q . W h a t do you know about the Nathan Hill claim?

1 M R . FRANKLIN: Let me object to this line2 o f questioning. W e have produced almost 32,000 pages3 o f claims, lawsuits, et cetera, from numerous4 d a t a b a s e s from the searches that Mr. Hakim has already5 d e s c r i b e d . I think it is fundamentally unfair to just6 t h r o w out the name of a claimant that might fall among7 t h o s e 32,000 pages and expect the witness to have8 i n s t a n t recall of. that particular claim. -9 I f counsel has a question about a

10 p a r t i c u l a r claim, he should present the witness with11 t h a t document that GM produced, and the witness can12 c e r t a i n l y answer questions and advise as to whether or13 n o t he recalls reviewing that claim. But giving out a14 n a m e among 32,000 pages, I think, is completely

unreasonable.16 B Y MR. COOPER:17 Q . Y o u can answer the question.18 A . I need the Bates number to answer the question.19 Q . S u r e . 18338.20 A . S o I have 18 -- I don't have that one. S o if it's in

C 1 o n e of your tabs, I can answer questions about it. 2 Q . W h a t do you knowlebout the Raymond Gilbert claim,

23 I 3 4 5 4 ? I % m o tto 24 M R . FRANKLIN: I 'm going to object again.25 I t appears that these are in the notebook that you

50

511 b r o u g h t , Lance. I would ask that you provide y o u2 j u s t tell the witness which tab to turn to, and you3 c a n ask questions, as opposed to a memory contest.4 B Y MR. COOPER:5 Q . I t ' s not a memory contest. I 'm asking what you have6 d o n e to prepare yourself to testify about that claim.7 A . W e l l , again, I don't have those claims in front of me.8 I need to look at the document. And if I can't answer9 y o u r questions, so be it. Bu t I believe I can answer

10 y o u r questions, so show me the document.11 Q . H o w many claims have there been involving -- engine12 s t a l l i n g involving 2005 and 2006 Cobalts?13 M R . FRANKLIN: Object to form.14 T H E WITNESS: I don't know the answer to15 t h a t .16 B Y MR. COOPER:17 Q . H o w many warranty claims have there been involving18 e n g i n e stalling in 2005 and 2006 Cobalts?19 A . I don't know the answer to that.20 Q . A r e you prepared to testify about the warranty claims21 a t all?22 A . W e l l , again, in our amended notice, we were prepared23 t o talk about these claims that involve stalling, but24 t h e warranty data was produced. I f you show me the25 w a r r a n t y data, I may be able to answer your questions,

521 o f course.2 Q . W h a t warranty data have you reviewed, sir?3 A . Actually, I don't believe I reviewed the warranty4 d a t a .5 Q . S o if you haven't reviewed the warranty data, you are6 n o t prepared to testify about the warranty data? Fair7 t o say?8 M R . FRANKLIN: Object to form.9 T H E WITNESS: No. I f you show me the

10 w a r r a n t y data, I may be able to answer your questions,11 b u t I don't know that that fits the dep notice in12 t e r m s of claims, in terms of these types of claims.13 B Y MR. COOPER:14 Q . Yo u don't know whether our amended notice incorporated15 t h e warranty claims?16 A . I w e have this notice, and we have our objections,17 a n d the objections and what we were going to testify18 t o did not include the warranty data.19 Q . H o w many claims have there been where there has been20 a n accident and an airbag has not deployed in a21 C o b a l t ?22 M R . FRANKLIN: Object to form.23 T H E WITNESS: I don't know the answer to24 t h a t question.25 B Y MR. COOPER:


cif795fa4-al 913-0133-8775-98895e393e47


June 11, 2013

531 Q . H a v e you done anything to prepare yourself to testify2 a b o u t those incidents or claims?3 M R . FRANKLIN: Let me object to the form of4 t h i s line of questioning for the same reasons that5 I ' v e stated before. The witness is here. The witness6 h a s reviewed the numerous claims, lawsuits, et cetera,7 f r o m the numerous databases that have been provided in8 t h i s case, and is here to talk about those. Again, I9 w o u l d object to this line of questioning.

10 I f counsel has a question for the witness,11 I would ask that the documents that counsel has12 b r o u g h t , that he present the witness with them and13 a l l o w the witness to testify.14 M R . COOPER: Can you reread my question,15 p l e a s e ?16 ( R e c o r d read back as requested.)17 B Y MR. COOPER:13 Q . Involv ing airbag non-deployments in '05 and '0619 C o b a l t &20 A . N o , I looked at claims that involve stalling.21 Q . L e t ' s go to tab 15. Lisa Funk from Levittown,22 P e n n s y l v a n i a owned an '05 Cobalt. The GM claim date23 i s opened July 7th of 2005, the vehicle had24 2 , 3 2 0 miles on it, and the agent note again is stalls;25 c o r r e c t ?

541 A . C o r r e c t .2 Q . A n d the body of the document:3 " C u s t o m e r states speaking with customer's4 m o t h e r , Rhonda. Daughter purchased a 2005 Chevy5 C o b a l t . Replaced a whole new gas tank. Customer6 s t a t e s her daughter has had it stall three times.7 S t a t e s her daughter does not feel safe."8 D i d I read that correctly?.9 A . Y e s .

10 Q . A n d then if you go to the next red tab there.11 M R . FRANKLIN: What is the Bates number on12 t h a t page?13 M R . COOPER: 18330.

P I C O O P E R :MR F R A NKLIN: Thank you.BY MR.

16 Q . T h e r e is a "Dissatisfied Closed Business Reason"1718 " C u s t o m e r seeks repurchase due to

section. I t says:

intermittent stall issue. Dealer unable to diagnose19or duplicate. AV M advised no repurchase."

11N. D o you know why GM would have repurchased112 o f the other Ilehicles because they were stalling

and r t this vehicle?24 A . I do not. I mean each case would be independent,25 r i g h t , have its own individual facts about it. S o I

551 c a n ' t tell you that.2 Q . T a b 16.3 A . I would like to read the pages in between. Okay.4 Q . T a b 16. Helen Nute from Plainfield, Vermont owned ar5 ' 0 5 Cobalt. The GM claim open date is July 18th,6 2 0 0 5 . Odometer is 3,853 miles.7 D o you see that?8 A . Ye s .9 Q . A n d the middle of the body of the paragraph as far as

10 t h e customer issues, it says:11 " P u r c h a s e new Cobalt from Cody Chevrolet on12 J u l y " e x c u s e me "June 17th, '05, and all repairs13 h a v e been completed. Vehicle has experienced severs14 f a i l u r e s , to include unduplicated engineering" --15 " e n g i n e stalling concerns."16 D i d I read that correctly?17 A . Ye s .18 Q . G o to tab.17, please.19 A . O k a y. So, again, no loss of control there. Ta b 17?20 Q . S u r e . Nathan Hill from Corpus Christi, Texas owned a21 2 0 0 5 Cobalt. T h e GM claim open date, July 21, 2005.22 O d o m e t e r , 3,200 miles.23 D i d I read that correctly?24 A . Ye s .25 Q . A n d the body of the paragraph or document says:

561 " C o m p l a i n t vehicle." I t says "Allen Hill,2 c u s t o m e r states vehicle has about 2,100 miles.3 C u s t o m e r states is calling in for his son Nathan.4 C u s t o m e r states that he was told by dealer to contact5 C A C to start file."6 W h a t is CAC?7 A . Cus tomer assistance center.8 Q . "Cus tomer states that his son purchased a new Cobalt9 a n d vehicle has been in the shop five times. Customer

10 s t a t e s that vehicle has been with the dealer this time11 f o r one and a half weeks. Customer states that the12 v e h i c l e just dies. Customer states that all lights13 c o m e on in dash, shakes at times, and can't drive over14 3 0 miles per hour."15 D i d I read that correctly?16 A . Ye s .17 Q . G o to tab 18.18 A . Ye a h , if you don't mind, I just want to take a look at19 a few of the pages here.20 S o it looks like they did a repurchase on21 t h i s one. Okay. Next tab?22 Q . 1 8 . Do you have that?23 A . Ye s .24 Q . Raymond Gilbert from Detroit, Michigan owned a 200525 C o b a l t . The GM open claim date, August 10th of 2005,


clf795fa4-al913-41)133-8775-98895e393e47


June 11, 2013

571 t h e odometer had 14,900 miles, and the agent note, it2 s a y s stalls; correct?3 A . Correct.4 Q . A n d the body of the document:5 " C u s t o m e r complains about vehicle.6 C u s t o m e r states bought vehicle new. Several times r1Chm7 t h e engine has cut off on the highway. The last time8 i t happened, the customer hit a bump in the road, and9 t h e entire vehicle turned off. Customer wasn't able

10 t o turn the vehicle on while in neutral. Had to pull11 o f f the road and restart the vehicle. This doesn't12 h a p p e n all the time. Dealer states that they weren't13 a b l e to duplicate the problem. Dealer advised mixing14 g a s o l i n e because maybe it was the gasoline. Dealer15 r o a d test for 19 miles and found nothing."16 D i d I read that correctly?17 A . Yes .18 Q . I f you go to the next page.19 M R . FRANKLIN: Next tab or next page?20 B Y MR. COOPER:21 Q . Nex t page, 18445, third paragraph from the bottom.22 " C u s t o m e r concerned about safety of family23 w i t h current vehicle. Customer states feels unsafe in24 v e h i c l e because the vehicle has cut out at least five25 t i m e s before and dealer wasn't able to duplicate the

581 p r o b l e m . Customer states dealership is a good dealer,2 a n d they have done everything to help customer out,3 b u t no diagnostic has been given."4 D i d I read that correctly?5 A . Yes .6 Q . A n d if you go to the next page ending in 456, the7 f i r s t full paragraph:8 " C u s t o m e r states that this issue is big9 s a f e t y concern and does not want wife driving vehicle

10 a n y m o r e . Engine died again this morning when he was11 d r i v i n g on freeway through construction zone at about

60 miles per hour after hitting bump in the road.13 P r e v i o u s CRM advised that customer could go to another14 d e a l e r for second opinion, but if no concern was

found, customer would be charged diagnosis fee."16 I l i D i d I read that correctly?17 A . Ye s . ,18 Q . I f you go to the next page, sir. To the right there,19 t h e bottom right-hand side ending in 458:20 " C u s t o m e r called. Customer states that

wife doesn't feel safe in vehicle because vehicleopped inside the service bay at dealership with the

keight of the keys. Customer states that wife is24 s c a r e d in that the vehicle would turn off when the25 v e h i c l e is on the freeway and be caught in an

591 a c c i d e n t . Customer states they have tried the new2 C o l o r a d o with the weight of the keys, and it didn't3 t u r n off. Customer seeks repurchase of their vehicle.4 C R M advised that the weight of the keys will make the5 v e h i c l e turn off."6 A n d that's the GM employee; correct?7 A . Yes .8 0 . CRM?9 A . Yes .

10 Q . T h e GM employee "advised will give this info to Kevin11 A n d r e w s , as he is still researching the issue, and12 w i l l contact them on August 30th."13 D i d I read that correctly?14 A . Yes .15 Q . G o to tab 19, please, sir.16 A . I ' m just cleaning up the rest of this document, if you17 d o n ' t mind.18 Q . Sure.19 A . I think there is some description on Bates20 n u m b e r 18459 where there is some aftermarket alarm21 i n t e r f a c i n g with the ignition and some thoughts of22 t h a t being the issue on the vehicle.23 W h e r e do you want me to go now?24 a 1 9 , please. The owner is Evelyn Ledoux, Plainfield,25 C o n n e c t i c u t , a 2005 Cobalt. A GM open claim date,

601 A u g u s t 11, 2005. The odometer, a little over2 1 2 , 0 0 0 miles, and the agent notes is stalls; correct?3 A . Correct.4 Q . A n d the body of the document:5 " V e h i c l e customer states refusing to6 r e p l a c e the ignition switch and president of the7 c o m p a n y told them to do it. I have been in near8 a c c i d e n t because of the car shutting off while I was9 d r i v i n g down the streets -- street." Excuse me. "8o

10 m a n y problems with this vehicle, I just don't feel11 s a f e in it."12 A n d then there is another note at the13 b o t t o m . "Concern," question mark, "unsafe vehicle,14 e n g i n e shuts off while driving."15 D i d I read that correctly?16 A . Yes .17 Q . G o to tab 20.18 A . Okay. So just let me clear the rest of the pages.19 S o this is -- it looks like there was an20 a c c i d e n t , and the allegation had to do with brakes.21 O k a y . Next tab you said?22 Q . 2 0 . Do you have that?23 A . Ye s .24 Q . Marcos Cruz from Three Rivers, Texas owned a 200525 C o b a l t . The GM open claim date is August 15th, '05.


clf795fa4-al 913-0133-8775-98895e393e47


June 11, 2013

123456789

10111213141516171819202122232425

The vehicle had a little over 23,000 miles on it, andagain the agent note is stalls; correct?

A. Correct.Q. A n d the body of the document:

"Jennifer Cruz, customer states thatvehicle shut off on the interstate. Concern forsafety for children. Customer seeks for vehicle to bereplaced. Acknowledges that she was provided withextended service contract, plus one month car payment.Customer seeks for vehicle to be replaced. Does notfeel safe in vehicle."


61

A. Ye s .Q. Ta b 21, please.A. Okay. I'm there.Q. Howard Gelman from Monroeville, Pennsylvania owned a

2005 Cobalt. The GM claim date opened August 22,2005. The vehicle had 23,000 miles on it; correct?

A. Ye s .Q. A n d the body of the paragraph:

"Customer seeks repurchase. Electricalconcern. Customer states dealer cannot find anythingwrong with it. Has been in at least three times forvehicle cutting off. Customer states wants to startthe lemon law process. Does not feel safe in vehicle.

621 C u s t o m e r states there are no warning, no light,2 v e h i c l e just shuts off. Customer just picked up3 v e h i c l e from dealer today for same concern. Today4 t h e y gave him a paper about stalling and a problem5 w i t h the electrical system, ID number 1683813, but6 c u s t o m e r does not see how it pertains to him.7 C u s t o m e r seeks to make sure that it is documented8 t h a t , when he initially called to request it, the9 m i l e a g e was 11,703 miles."

10 D i d I read that correctly?11 A . Ye s .12 Q . G o to tab 22, please.13 A . O k a y. Where am I going? 22?14 Q . 2 2 . Margaret Hamm from Lowell, Indiana owned a 2005

Chevy Cobalt. The GM claim open date, August 25, '05./111116 V e h i c l e had 6,000 miles on it, and the agent again' 17 n o t e d stalls; correct?

18 A . Ye s .19 Q . A n d then the body of the document:

"Customer states that she was driving downthe highway and her knee hit under the steering wheel

r a n d the engine dies."i l A n d the g o a few lines down, "CRM4 a d v i s e d " -- tat 's e M employee again, the CRM --

25 " a d v i s e d since this is a safety issue to customer, she

910111213141516171819202122232425

631 s h o u l d get the vehicle in as soon as possible."2 D i d I read that correctly?3 A . Ye s .4 Q . G o to tab 23, please.5 A . O k a y.6 Q . G r a n t Smith from Cincinnati, Ohio owned an '05 Cobalt7 T h e GM open date is September 2, 2005. The vehicle8 h a d 9,600 miles on it, and this vehicle was actually

repurchased by GM?A. Correct .Q. A n d in the description, in the "Work History," there

is a note:"Still losing engine power, feels unsafe,

and doesn't want to travel in it. Customer doesn'twant the car and have loan revoked."

And then it says at the bottom there, "Whatconditions does concern occur?" The answer is, "Whiledriving and leaving stoplight, lost engine power."

Did I read that correctly?A.Q.A.

Yes.Go to tab 24, please.On Bates o n that one, 18639, there is some

discussion about a bad battery and a bad battery cellwhich may have caused the car to stall.

Where did you want me to go next?

641 Q . Ta b 24, please. Arthur Ledoux from Plainfield,2 C o n n e c t i c u t owned an '05 Cobalt. The GM open claim3 d a t e or claim open date, September 10, 2005. The4 v e h i c l e had 13,502 miles on it, and GM repurchased5 t h i s vehicle; is that right?6 A . Ye s .7 Q . A n d the body of the document:8 " C u s t o m e r states that he was going up on9 r a m p and the key light (brake light) was bright red.

10 C u s t o m e r states he has taken the vehicle to the dealer11 f o r the issue in the past and that he is not taking12 t h e vehicle to a GM dealer again unless he is dropping13 o f f the vehicle."14 I s that right?15 A . Ye s .16 Q . A n d again, the agent notes there is stalls?17 A . Ye s .18 Q . A n d if you go to the blue tab, right here is one of19 t h e s e GM documents, "Case Assessment by Rodney Cross."20 D o you know Mr. Cross?21 M R . FRANKLIN: What is the Bates number?22 M R . COOPER: 18741.23 M R . FRANKLIN: Thanks.24 B Y MR. COOPER:25 Q . D o you know Mr. Cross?


clt795fa4-al 9b4bla3-8775-98895e393e47


ESQUIRE

June 11, 2013

651 A . I do not.2 Q . I t says "Vehicle Repair History." August 5th, '05,3 m i l e a g e 6,577, "Could not duplicate stall concern."4 A n d then August 12th, '05, the vehicle has 6,665 miles5 o n it, "Replaced ignition switch housing." And then6 o n September 15th, '05, it says "Customer states7 v e h i c l e shuts off when driving. And then October 18,8 ' 0 5 , "Could not duplicate engine stalling concern.9 A n d then January 31st, '06 "Installed key support

10 c o v e r . "11 D i d I read that correctly?12 A . Yes .13 Q . W h a t is a key support cover?14 A . I believe that's the cover that changes the key from a15 s l o t to a hole. It's an insert.16 Q . A n d then tab 25, please, sir. Are you there?17 A . Yes .18 Q . Antoinett Vamos from North Versailles, Pennsylvania.19 S h e owned an '05 Cobalt. Open claim date,20 S e p t e m b e r 12th, '05. The vehicle had a little over21 6 , 5 0 0 miles on it, and the agent note again is stalls.22 A . Okay. I'm sorry, I just need to re-adjust a little23 b i t . All right. That was tab 25, you said?24 Q . Yes . Do you have that in front of you now?25 A . Yes .

661 Q . I ' l l read it again. Antoinett Vamos from North2 V e r s a i l l e s , Pennsylvania, an '05 Chevy Cobalt. GM3 c l a i m open date, 9-12-2005. The vehicle had over4 5 , 6 0 0 miles on it, and the agent notes is stalls; is5 t h a t right?6 A . Yes .7 Q . A n d it says here in the body of the document:8 " C u s t o m e r states vehicle has shut off on9 h e r three times. Customer states when her knee hits

10 s o m e t h i n g under the steering column, vehicle will shut11 o f f . Vehicle doesn't do it all the time. Customer12 s t a t e s she is going to bring it in to dealer for this13 c o n c e r n . Also her head lamps will fog up."14 w p m Did I read that correctly?15 A . yres.

! 16 Q . I f you go to -- two pages back to Bates 773 --I 17 a c t u a l l y , go to 772 on the left there. Do you see18 ; t a t ?

119 A . Yes .i b Q . "CRM" -- this is the GM employee -- "advised customestates vehicle is turning off when she hits the

21. s t e e r i n g column or dash with her knee. She has been23 t o l d there is an sue but there is no fix. CRM seeks

ally2r) tt kn5w if lif;re M i d be a fix or if the AVM25 s h o u l d . "

67What is AVM?

2 A . A r e a vehicle manager.3 Q . I f you go to the next page, 773:4 " C u s t o m e r states the dealership told her5 s h e shouldn't sit too close to the steering wheel to6 a v o i d accidentally turning off the vehicle. Customer7 b e l i e v e s she was sold something that is defective.8 C u s t o m e r would like vehicle fixed or a new vehicle9 w i t h o u t the concern and replace it."

10 A t the bottom of the page it says:11 " D e a l e r states when the car was checked no12 p r o b l e m could be found or duplicated. The ignition13 c y l i n d e r is a low-effort cylinder. The part can't be14 r e p l a c e d or repaired. I t is a design problem that15 c a n ' t be resolved with the current parts."16 D i d I read that correctly?17 A . Ye s .18 Q . W h a t does "low-effort cylinder" mean?19 A . Wel l , I'm assuming what they mean is that the torque20 t o turn the cylinder requires -- doesn't require high21 e f f o r t .22 Q . T h e next page, 1774, this paragraph says:23 " C u s t o m e r states the vehicle turns off24 i n t e r m i t t e n t l y if the customer accidentally bumps the25 s t e e r i n g column or the keys."

123456789

10111213141516171819202122232425

Do you see that?A. I ' m sorry, you said 1774?Q.A.Q.

A.Q.

68

Right there.Okay.And I'll reread that first sentence.

"Customer states the vehicle turns offintermittently if the customer accidently bumps thesteering column or the keys. Service manager stateswhen the car was checked no problem could be found oduplicated. Diagnosis - concern unable to duplicate.Per TSB, key may be turning when hit with knee."

And that's -- TSB is technical servicebulletin; is that right?Yes."The ignition cylinder is a low-effort cylinder. The

part can't be replaced or repaired. It is a designproblem that can't be resolved with the current parts.Customer feels unsafe in the vehicle knowing it couldturn off the vehicle while driving, like when pullingout into traffic. Customer would like to have theconcern resolved or be put in a different vehiclewithout any concern. Please let me know what we cando for the customer's vehicle to operate like anyother vehicle or if repurchase is an option."

And then if you go to the top of the next


d1795fa4-al 913-4bb3-8775-98895e393e47


ESQUIRE

June 11, 2013

691 p a g e , 775, it says "PAAVM states." What is a PAAVM?2 P e n n s y l v a n i a ?3 A . Must be.4 Q . AVM. And what is AVM again?5 A . A rea vehicle manager.6 Q . I s that a GM employee?7 A . Yes .8 Q . T h e GM employee states:9 " T h i s is a known vehicle concern at this

10 t i m e . Has no suggested fix. The vehicle has a11 l o w - e f f o r t key cylinder as a normal function of the12 v e h i c l e . All he can suggest at this time is to be13 p a t i e n t in waiting for a possible solution, while14 b e i n g careful not to bump the ignition cylinder. GM15 i s working on the solution, but no buyback or16 r e p u r c h a s e will be considered."17 D i d I read that correctly?18 A . Yes .19 Q . A n d then if you go down the page, it says "CRM20 a d v i s e s , " or the GM employee advises:21 " I got a response from back from the AVM.22 T h e AVM states this is a known vehicle concern that at23 t h i s time has no suggested fix. The vehicle has a24 l o w - e f f o r t key cylinder as a normal function of the25 v e h i c l e . All he can suggest at this time is to be

701 p a t i e n t in waiting for a possible solution, while2 b e i n g careful not to bump the ignition cylinder. GM3 i s working on the solution, but no buyback/repurchase4 w i l l be considered."5 A n d it says "Customer states she will have6 t o pursue an answer via other means then, such as ar7 a t t o r n e y . "8 D i d I read that correctly?9 A . Ye s .

10 Q . Ta b -- well, let me ask you this: The Vamos claim11 h e r e , did you bring that with you today as part of the12 d o c u m e n t s ?13 A . N o , this claim didn't involve a loss of control.14 Q . Ta b 26 then, please. Bonnie Robustelli, Millington,

New Jersey owned an '05 Cobalt. Open claim date,0.16 A u g u s t 12, 2005, the vehicle had 8,500 miles on it,

17 a n d the agent notes is stalls; correct?g a l18 A . Correct.

19 Q . A n d then the body of the paragraph, it says:20 " R e p u r c h a s e . Bonnie Robustelli. Customer21 s t a t e s that she has had her vehicle in the shop ona my2 s e v e r a l occasions for the same stalling concern, and23 h a t o be towed there this time."74 I s that corr t?25 A . Correct.

711 Q . G o to tab 27, please.2 A . Okay. So just give me a moment.3 O k a y . I'm good. Tab 27, you said?4 Q . Yes , sir. Andres Filippidies, College Point, New York5 o w n e d an '05 Cobalt. Open claim date, September 15th,6 ' 0 5 , the vehicle had 2,000 miles on it, and the agent7 n o t e s is stalls; correct?8 A . Correct.9 Q . A n d the body of the document:

10 " P u r c h a s e d new o r "Customer states11 p u r c h a s e d new. It wouldn't start for me twice. Had12 i t towed to Bay Chevrolet by roadside both times, and13 t h e y said they had fixed it both times and they14 d i d n ' t . Yesterday the vehicle died going 60 miles an15 h o u r on the highway. Put in into neutral, rolled it16 t o the side of the road, and it started up. Went to17 t h e sales department at the selling dealership, and18 t h e y said they can't do anything about it. Almost19 k i l l e d their family. Does not want the car. It's20 d e f e c t i v e . "21 D i d I read that correctly?22 A . Yes .23 Q . G o to tab 28, please.24 A . Okay. Next tab you said?25 Q . 2 8 .

721 A . 2 8 .2 Q . John Papa, Levittown, New York owned an '05 Cobalt.3 T h e GM open claim date, September 23, '05. The4 v e h i c l e had 700 miles on it, and GM actually5 r e p u r c h a s e d this vehicle; is that correct?6 A . Correct.7 Q . A n d the body of the document:8 " V e h i c l e customer states Cobalt has been in9 t h r e e times. Shuts off. They have it right now. A

10 w e e k after purchase she was driving home about11 3 5 miles per hour. Once it sits and she waits five12 m i n u t e s , it starts up again. The SVM has driven the13 v e h i c l e home and was unable to duplicate the concern.14 A l m o s t was rear-ended."15 D i d I read that correctly?16 A . Yes .17 Q . G o to tab 29 -- actually, page 802. This is an18 e l e c t r o n i c preliminary repurchase authorization. Is19 t h i s part of the repurchase process?20 A . Yes .21 Q . A n d it says here "Reason For Repurchase" on this22 d o c u m e n t :23 " V e h i c l e stalls at highway speed while24 d r i v i n g . Multiple calls to engineering. Unable to25 l o c a t e cause for stalling condition."


clf795fa4-al 91)-413133-8775-98895e393e47


June 11, 2013

731 I s that what it says?2 A . Yes .3 Q . A n d then go to Bates excuse me, tab number 29,4 p l e a s e .5 A . Okay. What tab number?6 M R . FRANKLIN: You can look at the rest of7 t h e document. Have you done that?8 T H E WITNESS: Yes.9 B Y MR. COOPER:

10 Q . 2 9 .11 A . 2 9 .12 Q . A m y Rod!' from Limerick, Pennsylvania owned an '0513 C o b a l t . A claim open date, September 24th, 2005, the14 v e h i c l e had 1,700 miles on it, and the agent notes15 s t a l l s ; correct?16 A . Correct.17 Q . A n d the body of the document:18 " C u s t o m e r states vehicle has been stalling19 t w o to three times a week. Took vehicle in to the20 d e a l e r and was advised that if steering column is21 b u m p e d , engine will cut off. Yesterday evening engine22 c u t off again. Customer called the dealer and advised23 c o n c e r n , and dealer advised that if she wants out of24 t h e vehicle, she could call GMAC."25 A n d again the concern is down there at

1 t h e t h e body of the document, the concern is the2 e n g i n e stalls; correct?3 A . Correct.

74

4 Q . A n d if you go to the next page, Bates number 1842 --5 1 8 8 4 2 . Yeah, we have it there. It says at the middle6 o f that o r top third of that page, "Escalation to7 T M . " What does TM mean?8 A . Don' t know.9 Q . "Customer states vehicle stalling when son's knee hits

10 i g n i t i o n . The vehicle stalls. Mike at dealership11 t o l d her he talked to husband and told him they are12 a w a r e of the issue. Mike provided customer with copy13 o f service bulletin. Customer is fearful for her14 s o n ' s life. Dealer states it is a known issue and15 t e l l s customer to have son not bump the ignition.16 D o e s not even want to take vehicle off dealer's lot17 f o r fear of something horrible happening. Just wants18 G M to take the vehicle back. How many people need to19 d i e for this issue to be a recall?"


A. Yes . p 1l i r k e l l t h e n the bilitre of the paragraph, Tricia Freshner

t a I w i t h CAC, it says: 24 " C u s t o m e r has advised purchased" excuse25 m e "Customer has advised purchased this vehicle for

910111213141516171819202122232425

751 h e r son who has driven vehicle about eight times.2 D u r i n g four of these times the vehicle has stalled.3 T h e dealer has seen the vehicle and has performed a4 c o m p u t e r update and has also found a TSB that they5 f e e l may be related to this concern. The customer has6 the dealer has advised customer of this TSB and has7 a d v i s e d her that her son should not bump the steering8 c o l u m n , as this may cause stalling. Customer feels

this concern is placing her son's life in danger andis afraid to have him drive the vehicle. Customer isseeking repurchase. I have spoken with the servicemanager who advised the TSB as well and has indicatedthey have been researching the concerns. I am seekinga decision on repurchase. Also, if repurchase is notan option, what will we be doing for this customer torepair this vehicle?"

Did I read that correctly?A.Q.A.Q.

Yes.Go to tab 30, please, sir.Which tab number?30, please. This is Preston Delph from Hebron,

Kentucky who is the owner of a 2008 Chevy Cobalt. TheGM open claim date, September 27, 2005, the vehiclehas a little over 3,900 miles on it, and this vehiclewas actually repurchased, and the agent note again is

761 s t a l l s ; correct?2 A . Correct.3 Q . I f you go to the next page, sir, there is a4 d e s c r i p t i o n of the situation, top paragraph:5 " C u s t o m e r states the first time engine shut6 d o w n , daughter was driving it. Age 18, drives to7 w o r k . She was driving down the road around 35 miles8 p e r hour. When it stopped the first time, the9 s t e e r i n g column locked up, speedometer went down to

10 z e r o , and brakes locked up. Got over to the side of11 t h e road and tried to start again and it did.12 C u s t o m e r states this is the third time with mother.13 C u s t o m e r states daughter was driving down a hill when14 s t a l l e d out. AC died. All lights on dash went dead15 a n d shut off. Customer states daughter got it under16 c o n t r o l . No control of brakes or anything. Got it17 s t o p p e d , turned off, and it started right up again.18 C u s t o m e r states last time daughter was pulling out of19 t h e parking onto the road with green light, and20 v e h i c l e died in the middle of the road. Almost went21 u p on the curb and daughter put in park, then22 r e s t a r t e d it. Customer states she has not been in it23 w h e n it has happened. September 15th was the third24 t i m e , and they made a n d they made fell on its25 f a c e " -- whatever that means -- "but did in six weeks


dt.795fa4-0191)-41:1133-8775-98895e393e47


June 11, 2013

771 t i m e . Had the vehicle maybe two to three weeks.2 C u s t o m e r states vehicle is not safe to drive. Will3 n o t let her daughter drive. CRM apologized."4 D i d I read that correctly?5 A . Ye s .6 Q . T a b 31, please, sir.7 A . Okay. 31?8 Q . Rosalie Schenker from Gettysburg, Pennsylvania owned a9 2 0 0 5 Cobalt. The GM claim open date is October 3,

10 2 0 0 5 . The odometer, 2,780 miles.11 D i d I read that correctly?12 A . Ye s .13 Q . A n d the body of the document, it says:14 " C u s t o m e r states owner of '05 Chevrolet15 C o b a l t with approximately 2,780 miles. Customer16 s t a t e s they want to register a complaint on the17 v e h i c l e . Customer states when her husband was driving18 t h e vehicle and was adjusting himself, he hit the19 k e y s . The ignition cut off. Customer states it20 h a p p e n e d the day he purchased the vehicle, but he21 d i d n ' t think anything of it. Customer states that she22 f e e l s that this is dangerous. Customer states that23 s h e is afraid to drive the vehicle. Customer states24 t h a t she went to the dealer and they have not come up25 w i t h a good solution. Dealer put a rubber tiny insert

781 i n keyhole. Customer states that the ignition key2 t u r n s off very easily. Customer states that dealer3 t o l d him that GM engineering told him that the rubber4 i n s e r t is the fix. Customer states that since he has5 h a d the insert, it happened again, but has not advised6 t h e dealer."7 D i d I read that correctly?8 A . Ye s .9 Q . I f you go two pages back to page 901, it says:

10 " C u s t o m e r states that when she spoke to11 d e a l e r , customer states she spoke to Wayne who advisec12 c u s t o m e r to come in and look at two other Cobalts.13 C u s t o m e r states that dealer said that two employees at

P I t h e dealer own Cobalts and it does the same thing thatcustomer's vehicle does. Customer states that dealer

16 t o l d her that she needs to adapt. Customer states

11,

17 i m t b a t she feels that it is a safety issue and that it18 i s defective. "CRM" -- the GM employee -- "advises19 c u s t o m e r that concern has been escalated and

0 r e p u r c h a s e has been denied due to the fact that it is

I l * n o t a mechanical issue but an issue with therAl2 s t o m e r ' s driving habits."J 1 I Did I read that correctly?tomm

24 A . Ye s .25 Q . A n d then at the bottom of the page there, the

791 h i g h l i g h t e d section:2 " F i l e was escalated to AVM and denied3 r e p u r c h a s e . AVM" a r e a manager -- "stated that he4 h a s worked on file closely. AVM stated that there is5 n o t h i n g mechanically wrong with the vehicle. It is6 t h e customer's driving habits. They hit the ignition7 k e y slot and CRM" excuse me " a n d CRM can close8 f i l e ou t dissatisfied. No further recommendations for9 d e a l e r at this time."

10 D i d I read that correctly?11 A . Y e s .12 Q . G o to tab 32, please.13 A . Sorry, I'm just clearing the rest of the pages here.14 I think on Bates 18904 there is a statement15 t h a t says "CRM asked if this happened again, and16 c u s t o m e r stated that it has not happened," after the17 f i x .18 S o where do you want me to go now?19 Q . T a b 32, please. I t says Andrea Ortiz from Chicago,20 I l l i n o i s owned an '05 Cobalt. Open claim date,21 O c t o b e r 18th, '05, the vehicle had approximately22 2 8 , 0 0 0 miles on it, and it says agent notes two23 s t a l l s ; is that correct?24 A . Y e s .25 Q . A n d it looks like, if you look at the next page, that

801 G M actually settled this case, and the reference2 f o r i s engine stalling or engine stalls?3 M R . FRANKLIN: Object to form.4 T H E WITNESS: Yes. I mean it looks like5 t h e r e is some kind of settlement agreement there.6 B Y MR. COOPER:7 Q . D o you know where the rest of the documents for this8 c l a i m are? I mean if this is a settlement of the9 c l a i m , we have one page of the GM computer database

10 p r i n t o u t .11 M R . FRANKLIN: Objection.12 B Y MR. COOPER:13 Q . D o you know where the other documents would be?14 M R . FRANKLIN: Object to the extent it15 c a l l s for privileged information.16 T H E WITNESS: Yeah, and the answer would be17 n o , I don't.18 B Y MR. COOPER:19 Q . A l l right. Tab 33, please.20 A . I don't know if there are any other documents. Which?21 Q . T a b 33. Christy Grace from Fresno, California owned22 a n '05 Cobalt. The claim open date is November 3rd,23 2 0 0 5 , the vehicle had a little over 8,000 miles on it,24 a n d the agent note is stalls.25 D o you see that?


cif795fa4-a1911-413b3-8775-98895e393e47


June 11, 2013

811 A . Ye s .2 Q . A n d then it says here in the body of the document:3 " H e d r i c k ' s Chevrolet in Fresno, California

told me -- I guess that's the customer -- that the5 r e a s o n my car stalled was due to a glitch in the6 s o f t w a r e and that they applied the program update. I7 w a s told by the dealership that I needed to contact8 c u s t o m e r service to receive a case number to fix the9 b o d y damage caused when the car stalled and my husband

10 l o s t control. I have a copy of the tow receipt. The11 C H P officer detailed the damage. Employee at12 H e d r i c k ' s Chevrolet documented the damage before I13 t o o k my car. Need the car inspected for safety" --14 s o m e t h i n g "miled this message November 1, 2005."15 I s that what it says?16 A . Ye s .17 Q . A n d then if you go to page 1308 where that little18 g r e e n tab is there, bottom of the paragraph, it says:19 " O w n e r description: Customer states20 h u s b a n d was driving vehicle. Let foot off gas to get21 o f f ramp. There was no steering so he hit the brake22 a n d it did not work and slid down the ramp and landed23 i n some bushes. Vehicle was dead so he turned vehicle24 o f f and it started up. Customer states husband walked25 t h r e e miles home after incident because he was shaken

821 u p . Customer states we were told by dealer there was2 a software switch, so they did update, but that was3 t h e cause of the stalling."4 D i d tread that correctly?5 A . Y e s .6 Q . I s this one of the claims that you included in your --7 s t a r t i n g with Bates number 19302?8 A . Y e s .9 Q . W h a t was the software glitch that there was with

10 t h e -- this particular vehicle?11 A . I don't know specifically.12 Q . W a s there, in fact, a software glitch?13 A . W h e n you read this document, it looks like they14 u p d a t e d the software in the powertrain control module

the PCM.16 Q . W a s that vehicle-wide, was that for all Cobalts, or

1 17 j u s t for this particular vehicle?41110=18 A . I -- from what I can tell, they updated it for this19 I v e h i c l e . There may have been an update in the

software in general.Q. T h e n if you look at Bates number 19310, which is --A. T h i s one? k

I F f e l It 's a fa f r o m Ms. Grace to GM's customer4 s e r v i c e departnI l i t regarding the '05 sedan and the

25 i n c i d e n t on September 24th, 2005.

831 D o you see that?2 A . Ye s .3 Q . " T h e r e had been no problems with the car until4 S e p t e m b e r 24th, '05. The car stalled once in the5 m o r n i n g and then completely shut down without warning.6 N o warning lights came on. My husband was not able to7 s t e e r the car, the brakes locked up, the brake pedal8 w e n t mushy, and the engine system shut down. Thank9 g o o d n e s s there were no cars around him. The car was

10 t o w e d to Hedrick's Chevrolet. Hedrick's told me the11 r e a s o n my car stalled was due to a glitch in the12 s o f t w a r e and they applied the program update."13 D i d I read that correctly?14 A . Ye s .15 Q . A n d then the last -- next paragraph:16 " I was told by the dealership that I needed17 t o contact customer service to receive a case number18 b e f o r e they can fix the body damage caused when the19 c a r stalled and my husband lost control."20 I s that what it says?21 A . Ye s .22 Q . I f we go to the next tab, 34.23 M R . FRANKLIN: Let me state also, Lance, we24 w i l l stipulate these documents say what they say, to25 t h e extent that helps speed things up.

841 B Y MR. COOPER:2 Q . T a b 34.3 A . Ye s .4 Q . Anato leu Bekrev from Spring Hill, Tennessee, he owned5 a n '05 Cobalt. The GM claim open date, November 3rd,6 2 0 0 5 , the vehicle had 27,000 miles on it, and the7 a g e n t note is stalls; correct?8 A . Correct .9 Q . A n d in the body of the paragraph:

10 " C u s t o m e r states bought the vehicle brand11 n e w . Vehicle has had problems since day one. Major12 c o n c e r n now is that the vehicle engine stalls. Engine13 c u t s off sporadically. Driving or sitting at stop14 l i g h t s or stop signs. Vehicle has stalled at 80 miles15 p e r hour. Customer lost control of vehicle and almost16 h i t tree."17 D i d I read that correctly?18 A . Ye s .19 Q . I s that one of the claims that you brought with you20 t o d a y ?21 A . Ye s .22 Q . C a n I see that? Is that Bekrev? Thank you.23 T a b 35, please.24 M R . FRANKLIN: Have you had a chance to25 r e v i e w that?


clf795fa4-al 913-4b113-8775-98895e393e47


ESQUIRE

June 11, 2013

851 T H E WITNESS: Yeah, there is some2 d i s c u s s i o n on Bates 19314 about running the vehicle3 w i t h low fuel and possibly could be the reason for the4 s t a l l .5 B Y MR. COOPER:6 Q . Ta b 35. Mary Mines from Detroit, Michigan owned an7 ' 0 5 Cobalt. The GM claim open date, November 15th,8 2 0 0 5 , the vehicle had 1,900 miles on it, and the agent9 n o t e is stalls; correct?

10 A . Correct.11 Q . A n d the body of the document:12 " C a l l e r is son, Bobby Mines. Mr. Mines13 s t a t e s that his mother purchased the vehicle in July14 o f '05 and has been in the shop two times for stalling15 i s s u e s . It happened two times yesterday, and they16 w i l l have to take the vehicle back again for a third17 t i m e . "18 D i d I read that correctly?19 A . Yes .20 Q . Ta p 36, please.21 A . 3 6 , you said?22 Q . Yes . Mandl Beach from Millbury, Ohio owned an '0523 C o b a l t . The GM claim open date, November 16th, '05.24 T h e vehicle had approximately 10,000 miles on it;25 c o r r e c t ?

861 A . Yes .2 Q . Body of the document:3 " V e h i c l e customer states four-months-old4 C o b a l t currently in there now. Driving total power,5 s h u t t i n g car off. Dealer states keys too heavy.6 K n e e s hitting keys. Last time busy brake shut off and7 r e s t a r t . Carsales was in the car with the customer8 a n d it shut off."9 D i d I read that correctly?

10 A . Yes .11 M R . COOPER: We can take a break.12 V I D E O G R A P H E R : This completes disc one. We13 a r e off the record at 12:10 p.m.14 i p p . (A brief recess was taken.)

VIDEOGRAPHER: Back on the record at 12:21.16 T h i s is disc two of GM corporate rep Victor Hakim.

L 1917 Please proceed.

18 B Y MR. COOPER: Q . Ta b 37, please. This involves Becki Williams from

Woodsville, Ohio. She is an '05 Cobalt owner. The GMopen claim date, November 16th, 2005. The vehicle ha,,

t . 4,470 miles on it; correct?f e lAnd.the body o e document:25 " T h i r d party states vehicle stalled in the

871 m i d d l e of highway. Third party states that daughter2 c o u l d have been killed if there they wasn't on the3 s i d e of the road. Third party states took vehicle to4 d e a l e r and dealer replaced the throttle body. Third5 p a r t y states now daughter is afraid to drive because6 v e h i c l e stalled."7 D i d I read that correctly?8 A . Yes .9 Q . Ta b 38, please.

10 A . S o they replaced the throttle body on that one. Is11 t h a t I think that's what we said there; right?12 Y e a h . Okay.13 T a b 38?14 Q . Yes . Krystal Davis from Willoughby, Ohio owned an '0515 C o b a l t . The claim open date, November 28th, 2005,16 v e h i c l e has 16,000 miles on it, and the agent note is17 s t a l l s ; is that right?18 A . Yes .19 Q . A n d in the body of the paragraph:20 " C u s t o m e r states vehicle continuing to21 s t a l l . Was driving vehicle in snow and stalled again22 a n d spun out into a field. Did not hit anything. No23 o n e was hurt."24 D i d I read that correctly?25 A . Yes .

881 Q . I f you go two pages over to page 639, the bottom2 r i g h t - h a n d corner, the highlighted section there:3 " C u s t o m e r issue, has recurrent concerns4 w i t h vehicle stalling. Last time it happened customer5 l o s t control of vehicle and spun out into ditch.6 C u s t o m e r and family are very afraid of vehicle and7 w i l l not drive it again."8 D i d I read that correctly? 9 A . Ye s .

10 Q . Ta b 39, please.11 A . I don't see anything c a n I just take a look at the12 r e s t of the pages before we move on?13 Q . Sure.14 A . S o it looks like this was a -- maybe it was a15 r e p u r c h a s e , and there was no reason given for the16 s t a l l . Okay. Which tab?17 Q . 3 9 . Christopher Whitt from McCarr, Kentucky, an 'Of18 C o b a l t . December 13th, '05 open claim date. The19 v e h i c l e has 12,992 miles on it, and the agent notes is20 s t a l l s ; correct?21 A . Correct.22 Q . A n d then in the body of the paragraph, it says:23 " C u s t o m e r . I'm worried about when my24 v e h i c l e stalls. I have an 11-month-old baby that25 r i d e s in this car. When the vehicle quits, I have no


clf795fa4-al9b-0113-8775-98895e393e47


June 11, 2013

891 s t e e r i n g , brakes, and was about involved in an2 a c c i d e n t . When take the car to the shop, it is always3 c a n t find anything wrong. Something needs to be done4 b e f o r e we get hurt."5 D i d I read that correctly?6 A . Ye s .7 Q . I f you look at the next page ending in 680, the8 h i g h l i g h t e d section where it says:9 " D e s c r i p t i o n : Vehicle quits while driving

10 r e g a r d l e s s of speed. Once happened when slowing and11 r e s t time while driving two times highway speed and12 o t h e r three times it was in town. Has not happened13 s i n c e last repair. Put key ring on key. Last time14 h a p p e n e d was about 45 days ago. They have never made15 r e p a i r s for that."16 D i d I read that correctly?17 A . Ye s .18 Q . Ta b 40, please.19 A . Okay. So just let me clear the rest of the pages.20 S o it looks like, on Bates 19682, they21 o f f e r e d a General Motors protection plan and resolved22 t h e issue with the customer.23 Q . Ta b 40, please. Emmy Anderson from Independence,24 M i s s o u r i owned an '06 Cobalt. The claim open date,25 D e c e m b e r 27, 2005, the vehicle had 8,000 miles on it,

901 a n d the agent notes is stalls?2 A . Cor rec t .3 Q . A n d the body of the document:4 " C u s t o m e r states was driving vehicle last5 n i g h t when car shut down and customer lost control,6 c a u s i n g her to drive into a ditch. Customer states7 c o n t a c t e d dealer. Dealer told customer to contact CAC

for further assistance."...9 W h a t is CAC?

10 A . Cus tomer assistance center.11 Q . A n d then if you look at the next page ending in 723, I12 d o n ' t think we highlighted it, but it says:13 " D e s c r i p t i o n of this incident: Customer14 s t a t e s she was driving about 20 miles per hour in a

construction zone. Customer states she had just taken16 o f f from a red light, switching to second gear, when

I 17 the vehicle stalled. Customer could not steer.18 C u s t o m e r then pumped the clutch to start the vehicle,

1111m_9 b u t it did not. Customer states the road curves tothe left a little so it caused customer to go off tothe side of the road and into a grassy median.

211. C u s t o m e r states the left rear bumper has a hole in it.

i t s t r r state t h e _vehicle would die five to tentimes a day n d 7 i r t a k e s a few minutes after

25 s t a r t i n g the vehicle will it shuts off. Customer

911 s t a t e s she takes her kids to school, which is only2 1 5 - 1 0 - 2 0 - m i n u t e drive, and the vehicle is die.3 C u s t o m e r states the vehicle would die on her and other4 m e c h a n i c s but never for the dealership. CRM" -- the5 G M employee -- "advised the customer that CRM will6 c o n t a c t the dealer and call customer back."7 D i d I read that correctly?8 A . Ye s .9 Q . T u r n to tab 41, please.

10 A . O k a y. S o I'm just clearing the rest of the documents.11 T a b 41?12 Q . Ye s , sir. Judith Russell from Auxvasse, Missouri13 o w n e d a 2005 Cobalt. The claim open date, December14 2 9 t h , '05. The vehicle had 15,000 miles on it, and15 t h e agent notes is stalls; correct?16 A . Cor rec t .17 Q . A n d the body of the document:18 " C o m p l a i n t , vehicle engine stall. Husband19 R o b e r t customer states when going through a curve anc20 s t e p on brakes, engine would die. Dealer could not21 d u p l i c a t e . Customer feels safety issue. Dealer tried22 d r i v i n g home and back to dealership to try to23 d u p l i c a t e and could not duplicate. Customer only24 t a k e n into dealership one time for concern. Concern25 o c c u r r e d two times to Robert and one times to

921 f a t h e r o n e time to father" e x c u s e me. "Customer2 s t a t e s does not want vehicle. Lost confidence in3 v e h i c l e . "4 D i d I read that correctly?5 A . Ye s .6789

10111213141516171819202122232425

(Exhibit No. 3 marked.)BY MR. COOPER:Q. I ' m going to show you what we've marked as Exhibit 3,

which are additional claims.MR. FRANKLIN: So we are done with the set

that we just --MR. COOPER: Well, I think I just kept all

yours --MR. FRANKLIN: Okay.

BY MR. COOPER:Q. W e have tab 42. Francis Strickland from Lakeland,

Georgia owned an '05 Cobalt. The claim open date,January 3rd, 2006, the vehicle had 9,250 miles on it,and the agent note is stalls; correct?

A. Correc t .Q. I t says here in the body of the document:

"Owns two vehicles. 2004 Silvered and2005 Cobalt. This concern is regarding the Cobalt.New vehicle with multiple concerns. No longer feelssafe in the vehicle. '05 Cobalt has been in the shop


clf795la4-a1913-01)3-8775-98895e393e47


June 11, 2013

931 n u m e r o u s times. Does not feel safe in vehicle.2 V e h i c l e stalls intermittently. Check engine light3 c o m e s on and sometimes fails to accelerate when4 p r e s s i n g the gas pedal. Also makes thumping noise5 c o m i n g from rear of vehicle on right-hand side.6 S t a t e s they would like GM to exchange the vehicle."7 I s that correct?8 A . Correct.9 Q . Tu r n to tab 43, please.

10 A . Okay. So just let me read the rest of these.11 O k a y . Which tab?12 Q . 4 3 , please. Lisa Sanford from Fayetteville, North13 C a r o l i n a owned an '06 Cobalt. Claim date opened14 J a n u a r y 16, 2006, the vehicle had 1,200 miles on it,15 a n d the agent note is stalls; correct?16 A . Ye s .17 Q . A n d the body of the paragraph:18 " T o whom it may concern. Please be aware19 t h a t the 2006 Chevrolet Cobalt has a serious defect20 t h a t is not being addressed by General Motors. The21 c a r stalls and the steering wheel locks up while it is22 b e i n g driven. This is a random occurrence and not23 a s s o c i a t e d with any particular driving situation. Why24 i s it so dangerous? My Cobalt stopped completely in25 t r a f f i c with my child in the back seat. When the car

94dies, the steering wheel locks up and the vehiclecannot be controlled. Had the driver behind me notbeen more alert, I would have been rear-ended at thetime. I had to stop, put on my flashers, and restartthe vehicle in order to proceed. I t had stopped onother occasions prior to this, and I should haveimmediately brought it in, but I thought perhaps therewas air in the line or some.oth.er innocuous problem.Until the instance above I had not realized howdangerous it was. The Cobalt has done this about tentimes since we purchased it about a month ago."

Did I read that correctly?A. Ye s .Q. T h e n if you go to the next tab. That's it.

MR. FRANKLIN: What is the page number?16 $ 1 M R . COOPER: Bates 978.17 B Y MR. COOPER:E18 Q . F i rs t full paragraph, which says:19 m h . . . "Although the mechanical department at the20 d e a l e r s h i p has a bulletin alerting them of this; 1 . p r o b l e m , the Cobalt is still being sold to22s u s p e c t i n g conslimers. They are not being told of

) r19r23 f l i s r en t i a l l y t f i l e rous defect. Reed-LallierChevrolet of Fay7r;ville, North Carolina has three25 v e h i c l e s which have been returned for repair because

123456789

10111213

951 o f this flaw, yet they are still selling the Cobalt."2 D i d I read that correctly?3 A . Yes. That's words from the customer, I believe.4 Q . I t looks like it, yes.5 A . Yes.6 Q . W e can go to tab 44.7 A . 44?8 Q . Yes. Ronald Heaster from Crawley, West Virginia owned9 a n '05 Cobalt. A claim open date, January 18th, 2006,

10 t h e vehicle had 18,379 miles on it, and this vehicle11 w a s actually repurchased, and the agent note is12 s t a l l s ; correct?13 A . Correct.14 Q . And the body of the paragraph:15 " I g n i t i o n switch, customer states.16 C u s t o m e r was concerned with the ignition switch on his17 d a u g h t e r ' s '05 Cobalt. The vehicle was just serviced18 i n the shop about one week from today concerning the19 k e y coming out of the ignition and the vehicle still20 r u n n i n g . The vehicle is also having problems with21 c o m p l e t e l y shutting off in mid driving for no reason.22 C u s t o m e r is concerned about their daughter's safety.23 T h e y were told by someone in the dealership that this24 w a s a normal occurrence on Cobalt& CRM will25 i n v e s t i g a t e . "

123456789

10111213141516171819202122232425

Is that what that says?

96

A. Yes .Q. I f you look at the top of the next page.A. Yeah. On that current page, on 19985, "CRM called the

dealership and was told that this was not a normalfeature."

Where did you want me to go?Q. To p of the next page, 987. Actually, it's the page

after that to the right, and it says:"Customer states they are concerned with

safety. Customer states vehicle stalled three timesbefore Christmas."

Is that what it says?A. Ye s .Q. T u r n to 45, please, sir.A. Tab?Q. 45 .A. 4 5 .Q. Sa lomon Maldonado from Arleta, California owned an '0

Cobalt. Claim open date, February 3rd, 2006, vehiclehad 16,152 miles, and the agent note is stalls;correct?

A. Ye s .Q. T h e body of the document:

"Vehicle customer states I just wanted to


cif795fa4-al9b-4bb3-8775-98895e393e47


June 11, 2013

971 l e t someone know that the vehicle is acting like this.2 T h e vehicle stops just in the middle of the road, and3 t h i s last time I almost got hit in the rear because4 t h e vehicle behind me was not expecting me to just5 s t o p in the middle of the road. The vehicle stopped6 i n the middle of the road on me three times: One, I7 w a s going over a bump; two, I was going up a hill; and8 3 is when I was making a turn to another street."9 D i d I read that correctly?

10 A . Ye s .11 Q . Page 46, please. Or tab 46. Excuse me. Brandy12 A t k i n s , Kernersville, North Carolina, owner of an '0513 C o b a l t . The claim open date, February 6, 2006, the14 v e h i c l e has 20,000 miles on it; correct?15 A . Correct.16 Q . B o d y of the document:17 " N a t u r e of concern. Vehicle concern.18 M e s s a g e . I haven't had my Cobalt long enough to be19 h a v i n g trouble with it. But twice now while in drive20 o n the highway my car has turned off for no reason.21 T h e first time it happened I took it to the dealership22 a n d they didn't know what was wrong and blamed it or23 m y heavy key chain. Well, my key chain isn't heavy24 a n y m o r e , and my car turned off again."25 D i d I read that correctly?

981 A . Ye s .2 Q . Ta b 47, please.3 A . Okay.4 Q . Ta b 47, please. Nicholas Skias from Wernersville,5 P e n n s y l v a n i a owned an '06 Cobalt. Claim date, open6 c l a i m date, February 10th, 2006. Agent note is7 s t a l l s ; correct?8 A . Ye s .9 Q . T h e message -- the vehicle concern, the message is

10 " I have two problems concerning my Cobalt11 S S . First, as I am driving down the road, my engine12 j u s t shuts off out of nowhe