CHICAGO (Legal Newsline) – An auto maker is seeking to dismiss a class action lawsuit over allegations that certain years of Nissan Altimas have defective transmissions.
Nissan North America filed the motion to dismiss plaintiff Robert H. Weinberg's second amended class action lawsuit before the U.S. District Court for the Northern District of Illinois, Eastern Division on Dec. 17.
In the 31-page motion filed by Nissan, the company argues that Weinberg fails for several reasons to make a viable claim for a class action. Nissan argues that Weinberg's express warranty claim over an alleged defect in the vehicle design fails because the warranty only applies to defects in workmanship and materials.
Another reason given by Nissan is that Weinberg’s claim under the Magnuson-Moss Act does not work because “Weinberg has not stated a claim for breach of warranty under Illinois state law.”
Additionally, it says that the breach of implied warranty of mechantability claim made by Weinberg does not apply because the claim is time-barred.
Weinberg had originally submitted a 26-page class action lawsuit against Nissan North America on Oct. 25, 2018, regarding Nissan Altima model years 2013-2015.
He alleged he purchased a brand-new 2013 Nissan Altima SL from a dealership in Gurnee, Illinois, in 2012. While he owned the vehicle, he alleges he “experienced problems” with the transmission, which caused the vehicle to shudder. He alleges the issue stemmed from a defective continuously variable automatic transmission.
Weinberg alleges that he attempted to have the vehicle repaired at a Nissan dealership while still in the authorized time frame of the warranty. However, he alleges that Nissan did not fix the problem and that Weinberg continues to have problems with his transmission. Weinberg alleges that he did not get the full value of vehicle he purchased.
Nissan North America is represented by Drinker Biddle and Reath in Chicago and Dallas. Weinberg is represented by Barnow and Associates in Chicago and Blood Hurst and O'Reardon in San Diego.