Matthew Daneman

Staff writer

The estate of a Hamlin man is suing General Motors Co. and parts supplier Delphi Corp., alleging he was killed by the same defective ignition system that has become a major scandal for the automaking giant.

The suit, filed Wednesday in Monroe County Supreme Court, asks for unspecified compensatory and punitive damages.

Daniel L. Hollaert Jr., 23, died Dec. 17, 2013, when his car crossed the center line on Route 104 in Orleans County and hit a Kendall Central School District bus head on. Though roads were somewhat snowy at the time, Orleans County Sheriff's Department personnel at the scene of the crash said they weren't sure what caused Hollaert to lose control of the car.

The 39-page suit alleges a defective ignition switch on Hollaert's car caused the crash. "The 2006 Chevrolet Cobalt was defective in design and was unreasonably dangerous," the suit alleges.

That ignition switch issue has been a major controversy for GM. The Detroit automaker has recalled millions of its vehicle worldwide this year regarding the ignition switch, which could turn to "off" while driving, which could then prevent the airbag from inflating and make controlling the vehicle difficult. Hollaert's airbags never deployed in the crash that killed him, according to the suit.

The company is now facing a flurry of lawsuits, and CEO Mary Barra was questioned by members of Congress in an April 1 hearing on Capitol Hill. Barra, and Delphi CEO Rodney O'Neal also are expected to testify next week before a U.S. Senate panel looking into GM's recalls. A federal grand jury in New York also is looking into GM's ignition switch recall.

According to the suit, GM knew as far back as 2001 that it had an ignition defect problem — specifically, with the Saturn Ion. GM subsequently put the same key system — made by Delphi to GM specifications — into the Cobalt that it did into the Ion, the suit alleges.

GM declined to comment specifically on the Hollaert lawsuit. But in a statement, the company said, "We have said that we are taking responsibility for our mistakes and want to do what is right for those who lost loved ones or experienced serious, physical injuries." The statement pointed to the compensation program it has set up that will be overseen by attorney Ken Feinberg. Feinberg is tasked with deciding the victims' compensation and GM so far has not set a limit on how much it will pay.

Much of the Hollaert suit is a lengthy recap of Cobalt accidents supposedly caused by the ignition switch, as well as documenting how for years before the recall the company was aware of the ignition switch problem.

Also named as defendants in the Hollaert suit are Brockport's Spurr Chevrolet and Riggs Auto Sales and Service of Hamlin. The suit does not spell out their supposed role in Hollaert's death except to say that they "marketed, sold, maintained and repaired" the 2006 Cobalt. David R. Riggs of Riggs Auto said Wednesday he purchased the used car and sold it to a Brockport buyer in 2012, well before the ignition problems became public knowledge.

MDANEMAN@DemocratandChronicle.com

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