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
I have 2011 Nissan Altima and this is the second time I have had to replace my transmission, In the last 5 years I have spent close to $7200 to replace the transmission. This has set me back financially but I had no choice but to pay for the repairs.
They did the same to me with my 2015 Altima! And they also blatantly deny knowing anything about these issues which is a lie. I’ve been told by service advisor in the past they have known about it for years. It doesn’t matter to them. They still make money and that’s the bottom line. Explain to them that when you get in your car with your children and step on the gas and you don’t go anywhere for two seconds but after which you seem to rev your engine and go at a snails pace very well can put your entire family at risk of a major impact…and wait to see if they show concern by taking your vehicle off the road by admitting to knowing about their own vehicle issue…they won’t! They could care less because even with a death or two related to their negligence they are still coming out on top! After my SECOND (maybe it was the first, can’t remember) rear end collision in less than six months, not caused but rather not mitigated due to this trans issue, my insurance adjuster who came out to assess damage even said that his Altima provided by his company was having the same trans issue!!! Nissan doesn’t care. Nissan hasn’t cared and Nissan will continue not caring. A court will have to come down exceptionally hard with punitive damages in order for this Godzilla to be laid to rest.
2014 Nissan Altima
I have 2014 Pathfinder , less than two years later had to replace transmission.Nissan shop manager told me to my face they knew the transmission were bad . He told me what brand that they put in their vehicles and they knew they would not last.
Include me please, I have a 2014 Nissan Altima.
I had a 2009 altima I got rid of for that exact reason and my fiance altima has had a similar problem for nearly a year and they keep giving us the run around
They did the same to me with my 2015 Altima! And they also blatantly deny knowing anything about these issues which is a lie. I’ve been told by service advisor in the past they have known about it for years. It doesn’t matter to them. They still make money and that’s the bottom line. Explain to them that when you get in your car with your children and step on the gas and you don’t go anywhere for two seconds but after which you seem to rev your engine and go at a snails pace very well can put your entire family at risk of a major impact…and wait to see if they show concern by taking your vehicle off the road by admitting to knowing about their own vehicle issue…they won’t! They could care less because even with a death or two related to their negligence they are still coming out on top! After my SECOND (maybe it was the first, can’t remember) rear end collision in less than six months, not caused but rather not mitigated due to this trans issue, my insurance adjuster who came out to assess damage even said that his Altima provided by his company was having the same trans issue!!! Nissan doesn’t care. Nissan hasn’t cared and Nissan will continue not caring. A court will have to come down exceptionally hard with punitive damages in order for this Godzilla to be laid to rest.
I had a 2009 Nissan Altima, it was a lemon. I have a 2012 Nissan Altima now and I had lots of problems with it also.
Include me. I have a 2014 Altima
How do I include myself in this claim?
I have a 2013 Altima with odd shifting…I was told it was normal.
Follow up
I have a 2015 Nissan Altima and I have felt like something has always been going on with my transmission every since I purchased this car