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I've read of approximately 6 different owners hitting limp mode during street driving. I have spoke to two California GT350 owners personally that have experienced it. The cases range from spirited canyon runs, freeway driving, congested traffic, and climbing a grade on a normal road.
Say what you will about the lawsuit. There is more to this than what is listed in what has been published so far, and will likely be amended as more owners come forward. You can say that it is the wrong tactic to handle the problem, and you may be right. But that does not detract from the actual issue of improper cooling.
The tech packages have been shown to be inadequately cooled on the street. That should not be acceptable to any GT350 owner, regardless of what package you own.
I have hit it on the street. Mid 80 degree day, stop and go traffic, one passenger and going up Cajon Pass on the 15 Freeway in Southern California. Been close other times on the street as evidenced by my Forscan enabled trans temp gauge.