Chicago, IL: A defective automotive class action lawsuit has been filed against Nissan North America Inc. in Illinois federal court. Filed on behalf of Illinois consumers, the lawsuit claims consumer fraud in that the automaker concealed certain Altima vehicles were equipped with defective floorboards that "substantially deteriorate"to the point where the roadway under the vehicle becomes visible.
According to the lawsuit, Nissan Altima model year 2002-2006 vehicles feature floorboards that cannot withstand normal exposure to the elements, do not drain properly, and consequently rust to the degree where the floorboards deteriorate and holes open up. The lawsuit states that not only did Nissan fail to disclose the defect to consumers, it also refuses to cover the cost of repairs.
"Because the replacement of the floorboard can cost several thousand dollars, and because Nissan refuses to recognize the existence of the defect or to cover the full cost of repairs, many owners of class vehicles are not in a position to replace the defective floorboard when they discover the problem,"the complaint states.
According to claims made by lead plaintiff Marie DeMaria, the floorboard of her Nissan Altima rusted right through. The lawsuit contends that at least one accident with injuries has been reported as a result of the defect, and that "hundreds"of other drivers have complained about the defect to Nissan and the National Highway Traffic Safety Administration, saying they no longer feel safe in their vehicles.
The complaint asks that the judge certify a class of Illinois consumers who purchased the affected vehicles.
The plaintiff is represented by Edward A. Wallace, Amy E. Keller and Adam Prom of Wexler Wallace LLP, John A. Yanchunis of Morgan & Morgan Complex Litigation Group, Gregory F. Coleman, Mark E. Silvey and Lisa A. White of Greg Coleman Law PC, and Eric H. Gibbs and Dylan Hughes of Gibbs Law Group LLP.
The suit is DeMaria v. Nissan North America, Inc. et al, case number 1:15-cv-03321, in the U.S. District Court for the Northern District of Illinois.
