NEW ORLEANS – A couple alleges a new Nissan vehicle they purchased has a defective transmission.
James Dean Smith and Sarah Indian Smith filed a complaint on Sept. 29 in the U.S. District Court for the Eastern District of Louisiana against Nissan North America Inc. alleging that the automobile dealership violated the Magnuson-Moss Warranty Act and other counts.
According to the complaint, the plaintiffs allege that on May 30, 2015, they purchased a new 2015 Nissan Pathfinder. When delivered, the Pathfinder's transmission was allegedly defective and such defects substantially impaired its use, safety and value. The plaintiffs hold Nissan North America Inc. responsible because the defendant allegedly failed to repair the vehicle in a good and workmanlike manner and within the reasonable time so as to bring it into conformity with the warranties and failed and refused to buy back the subject vehicle.
The plaintiffs request a trial by jury and seek judgment against the defendant for all damages, rescission of the sales contract, revocation of acceptance and returning to plaintiff the purchase price and out-of-pocket expenses, economic losses, litigation costs and all other relief the court deems appropriate. They are represented by Richard C. Dalton of Richard C. Dalton LLC in Mandeville.
U.S. District Court for the Eastern District of Louisiana Case number 2:16-cv-14961