Nissan wanted a Massachusetts judge to toss out an Altima CVT lawsuit that claims the transmission shakes, shudders, and eventually fails at a great expense to owners. The automaker says the plaintiff, Krista Costa, only described vague symptoms without pointing to a specific design defect.
The judge disagrees.
“The severity of these issues and the extent to which they may have rendered the vehicle unmerchantable is a question of fact. Costa’s allegations are plainly sufficient to survive a Rule 12(b)(6) challenge to her warranty claims.”
In a twist, Nissan’s own marketing materials were cited as evidence against them. The CVT was once promoted as having a fluid-feeling performance, but the reality isn’t quite as rosy.
The lawsuit, Krista Costa, et al., v. Nissan North America, Inc., was filed in August 2018 and covers all consumers who have purchased or leased a 2013-2014 Nissan Altima in Massachusetts.