Class Action in Massachusetts regarding Nissan Altima chugs along
Good news for Massachusetts residents who own a Nissan Altima with a CVT transmission. Not so much for anyone else outside of Massachusetts.
Krista Costa has sued Nissan North America, Inc. (“Nissan”) for violating chapter 93A of the Massachusetts General Laws, as well as state and federal implied warranty laws, by selling her a Nissan Altima with what she alleges is a defective transmission. Nissan has moved to dismiss Costa’s complaint in its entirety, contending she has not stated a plausible legal claim. Because the complaint provides fair notice to Nissan and contains ample facts that, if true, would entitle Costa to relief, Nissan’s motion is DENIED.
This snippet is interesting since so many consumers have made complaints similar to this:
Here, Costa has described how the alleged CVT defect manifested itself in reality both generally, e.g., Doc. No. 1 ¶ 1, and in her own car while she operated it between October 2014 and June 2018, id. ¶ 7. She also has plainly asserted that the alleged defect culminated in a total transmission failure, which occurred while she was driving and required the costly replacement of her CVT. Id. In other words, Costa has not simply identified a theoretical injury which she speculates could arise due to an unspecified “defect,” like the plaintiffs in Iannacchino. She alleges that she personally experienced recurrent safety-related performance problems, actual property damage, and real economic harm.
The name of the case is Costa v. Nissan North America, Inc and the case number is Civil No. 18-11523-LTS
if you're in California and you’ve taken your CVT equipped Nissan vehicle to a dealership for any issue, ranging from transmission stalling, transmission failure, overheating, or any other warranty concern, we can help you…. AT NO COST TO YOU! Valero Law, APC is a California consumer protection firm dedicated to protecting the lemon law rights of California consumers and ALL cases are taken on a contingency basis, meaning if there is no recovery, there is absolutely no fee to you! Feel free to call at 424-299-4447 for a free case evaluation!