A federal judge has rejected Nissan’s request to dismiss a class action lawsuit alleging Altima vehicles have defective transmissions.
Nissan states that there are no particular misrepresentations named in the Nissan class action lawsuit and that no specific design defects were outlined in the suit.
According to the judge overseeing the Nissan class action lawsuit, the case will proceed as the plaintiffs appeared to have provided specifics about the alleged issues.
Lead plaintiff Krista Costa believes she’s not the only one who experienced transmission issues with a Nissan Altima after purchasing the vehicle.
Costa states that her vehicle randomly shook while she was driving until the vehicle ultimately failed.
She alleges that she spent $3,500 to address the transmission issue in the car, a claim that the judge says is at least plausible enough to continue the case.
The Nissan class action lawsuit was originally filed after Costa bought her Nissan Altima in October 2014. She says that marketing statements used with the car included claims of excellent responsiveness, a smooth drive, and great drivability. The vehicle contained a continuously automatic variable transmission.
However, as argued in the Nissan class action lawsuit, Costa and other drivers with 2013 and 2014 models dealt with the shaking issues and premature transmission failure. The Nissan Altima class action lawsuit alleges that this is due to a known defect in the car.
Nissan is accused of promoting the vehicle by making claims about a smooth ride and other features despite knowing that the transmission was likely to fail early.
The lawsuit was filed based on alleged violations of the Magnuson-Moss Warranty Act, implied warranty of merchantability under Massachusetts law, and the Massachusetts Consumer Protection Act.
In response to the filing of the Nissan class action lawsuit, the defendant tried to argue that the perceived vague nature of the plaintiffs’ claims and the fact that the car worked normally for four years should void the suit altogether.
Nissan took issue in particular with the claims brought under the Massachusetts breach of implied warranty statutes.
The judge, however, said that since the breach of implied warranty law in Massachusetts relates to the roadworthy nature of the vehicle that the plaintiffs’ allegations of vehicle shaking and other issues enable the case to proceed for now. If the car breaks down in traffic due to the shaking or stalling, this could be seen as a traffic hazard, the plaintiffs claim.
The plaintiffs are represented by Ben Barnow, Erich P. Schork and Jeffrey D. Blake of Barnow and Associates PC, Timothy G. Blood and Thomas J. O’Reardon of Blood Hurst & O’Reardon LLP, and David Pastor of Pastor Law Office.
The Nissan Altima Transmission Class Action Lawsuit is Krista Costa, et al. v. Nissan North America Inc., Case No. 1:18-11523-LTS, in the U.S. District Court for the District of Massachusetts.
UPDATE: The Vehicle Safety Defect Investigation is now open! If you own a vehicle that has a safety defect and you believe it should be covered by the warranty and it’s not, submit your information here.
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392 thoughts onNissan Can’t Escape Altima Transmission Defect Class Action
Bad trans in 2015 Altima fix in October 2018 only had less than 30,000miles
Bad trans in 2015 Altima fix in October 2018 only had less than 30,000miles
I just had my 2015 Altima trans fix my 2002 is acting up have to start in low then shift through the gears then it drives ok can I be added to the lawsuit just fix 2015 in October 2018 reply please
My 2011 Nissan Altima 2.5 started shaking hard about 2 months ago and I don’t know what to do
We have a 2008 and 2012 Altima. The 12 was purchased new & the 08 was purchased used in 2013, The 08 shakes so much I won’t drive it. The 12 started shaking about 6 to 12 months ago slightly. I don’t know what we are going to do because I had to leave work due to disability, financially strapped doesn’t even begin to describe our situation.
I’ve owned Nissans for over 20 years, their cars have always been reliable …. until now. I bought a Nissan because I TRUSTED the brand, my mistake.
I have a Nissan Altima 2015 it is have transmission problems but I don’t have many to repair it In I drive very carefully
2015 altima s same problem would definitely like to join the lawsuit
This is crap. I’ve fought Nissan for 10 years on this. Our 08 Altima is on its 4th transmission and not even lemon law lawyers will help.
I also have a 2013 Nissan type s that shakes. I thought it was a bent rim.
I have a 08 Nissan Altima 2.5 4 cylinder and. I am experiencing the same problems it’s like it’s hesitant to shift and it will jerk a few times before shifting
I purchased a 2013 Nissan 3.5 SV, 5 years to the day I purchased it, my transmission went out. My cat had been regularly serviced by Nissan and yet nothing was ever detected. I contacted Nissan North America, cost was over $4500. Although Nissan covered 2/3 of the cost, I was informed by a Nissan GM the transmission should not have failed. Where do I join this class action?