NEW ORLEANS — A consumer is suing a Nissan dealer, citing alleged breach of implied and express warranties.
James Franklin filed a complaint in the U.S. District Court for the Eastern District of Louisiana against Nissan North America Inc. alleging that the automobile dealer violated the Magnuson Moss Warranty Act.
According to the complaint, the plaintiff alleges that on June 12, 2014, he purchased a new 2014 Nissan Pathfinder from Nissan of Slidell. When delivered, the Pathfinder was defective in materials and workmanship, which substantially impaired its use, value and safety. The plaintiff holds Nissan North America Inc. responsible because the defendant allegedly failed to perform repair work to the vehicle in a good and workmanlike manner within a reasonable time, so it conforms with the warranties.
The plaintiff requests a trial by jury and seeks rescission of the sales contract, cancellation of the debt and offers to return of the subject vehicle, award for out-of-pocket damages and economic losses, diminution in value, litigation expense and all other relief that the court deems appropriate. He is represented by Richard C. Dalton in Mandeville.
U.S. District Court for the Eastern District of Louisiana Case number 2:16-cv-14938