Local GM case moved to federal court; no date set

The lawsuit filed in Scott County against General Motors has been sent to federal court.

Kelly Irvin, 26, of Cape Girardeau was involved in an accident on Interstate 55 in Scott County when her engine shut off and the 2006 Chevrolet Cobalt she was driving began skidding sideways, crossing the center of the road and coming to rest on the east side of the interstate, according to court documents.

The documents state Irvin was seriously and permanently injured as a result of the accident.

Irvin and her attorney have filed a lawsuit against GM for punitive damages with the Scott County courts alleging "failure to notify Kelly [Irvin] of the defective and dangerous condition of the 2006 Cobalt she owned and was driving at the time of her accident, represents a conscious disregard for her safety."

The lawsuit claims six counts of action against GM including negligence, failure to warn, strict liability, negligently supplying a dangerous instrument of fatality and violation of the Missouri Merchandising Practices Act by unfair and unlawful practices.

Last week, consumer-rights law firm Hagens Berman Sobol Shapiro LLP filed its seventh class-action complaint against GM since the automaker's ignition switch defect was made public in February, according to the Wall Street Journal. The lawsuit seeks $10 billion in damages on behalf of consumers who have suffered a loss in value because of approximately 20 million vehicles sold worldwide since 2009, involving more than 40 different defects in the past six months, the Journal reported.

In May, GM agreed to pay a $35 million civil penalty and comply with other requirements issued from the National Highway Traffic Safety Administration.

GM released a report early this month documenting how it failed to respond to an ignition-switch defect that engineers identified more than a decade ago. Mary Barra, CEO of GM, said she fired 15 employees "who we determined to have acted inappropriately" and also disciplined five employees for their failure to act in the recall crisis, according to a news release from the company.

A compensation fund will be launched in August for death and physical injury claims as a result of the defect, according the company.

At least 303 deaths have been cause by disabled air bags from the ignition defect, but GM links only 54 crashes and 13 deaths to the defect, according to the Center for Auto Safety.

General Motors submitted a notice of removal to federal court. Its attorney is Rodney Earl Loomer of Springfield, Missouri.

No court date was set as of Wednesday afternoon.