vice86

iTrader: (1)

If so, how do you get participate in that? I saw a post on another forum

"Class action lawsuit filed against Nissan
Christoper Maher
Alice Echo-News Journal


Suit alleges defect
in front end of
car causes tire wear

A class action lawsuit was filed in the 79th District Court of Jim Wells County Friday against Nissan Motor Company, Ltd. and Nissan North America, Inc., in connection with an alleged defect in the 2003 and 2004 Nissan 350ZX sports cars.
The suit, filed by Mark Salinas “individually and on behalf of all others similarly situated,” alleges that a defect in the front end of the vehicle causes the car’s tires to wear out too quickly.
The suit states, “The vehicles were designed and manufactured in such a manner that the front end and suspension of the vehicles are misaligned, causing premature, accelerated and irregular front tire wear. This condition has resulted in the vehicle’s tires having to be replaced at a highly accelerated rate.” The suit alleges that “thousands of Nissan 350ZX owners have complained of this problem; some owners have gone through three sets of tires within 12,000 to 14,000 miles.” An additional problem alleged is that when the tires wear down or “feather,” loud road noise, described as a “roar” can be heard.
According to the suit, Nissan has issued three separate bulletins addressing the problem, but none of them have worked. The first attempt to fix the problem involved switching the front tires, a process that involves removing the tires from their unidirectional rims. Dealers were then instructed to align the car to a new specification. “Unfortunately, this is only a temporary fix, one which will require the tires to be replaced again in a short period of time,” the suit says. “In fact, many customers have reported that within 3,000 miles of having the tires swapped and the cars aligned, the problems have reappeared to an even greater extent.”
Salinas believes these bulletins indicate, “Nissan has, in effect, admitted that there is a design defect in the Nissan 350ZX.”
Because of the alleged defect, the suit brings three causes of action against Nissan. The first, “breach of implied warranty of merchantability,” by selling vehicles that are “unfit for their ordinary purposes due to their defective front end alignment.” The second count, “breach of implied warranty of fitness for a particular purpose,” contends that Nissan was responsible for not selling “a proper front end alignment,” and that the customers were relying on Nissan’s expertise in car manufacturing to select the proper equipment. The third count is brought under the “deceptive trade practices-consumer protection act,” and alleges that Nissan’s violations were “knowing and/or intentional.”
In the suit, Salinas seeks compensatory damages, “consisting of the cost of replacement of the 2003 to 2004 Nissan 350ZX vehicles and loss of use of the vehicles during the time of replacement.” The cost of the loss of the vehicle use is not to exceed $500. He also seeks interest on the judgement, attorney and court fees, additional damages not to exceed $74,500 per individual and “other and further relief this court deems just and proper under the circumstances.”
Calls to Mikal C. Watts, who is representing Salinas in the suit, and to Nissan Automotive were not immediately returned Tuesday. The National Highway Traffic Safety Administration Web site lists 163 complaints filed on the 2003 350-ZX. Over 120 of those relate to problems with tire wear and misaligned front end suspensions of the vehicle."

cedusett

Yes.


I don't know how to "participate" in it though. In most class action suits, it's the defendant's (Nissan) responsibility to provide a list of customers who fit the case.

vice86

iTrader: (1)

I called NNA...the guy said he knew nothing about it. I'd like to get on that list. Even if I don't get on the list...would a LEMON LAW apply to this? I called a PA/NJ Lemon Law lawyer...same that my sis used for her Audi, but they said you have to have the same problem 3 times. I know tires aren't covered under warranty, but when its the suspension causing the problem...then I think it should easily be considered a lemon law candidate.

ChrisMCagle

I'd definitely like to get on the list. I'm getting my tires swapped out this week, but I don't want to have to do it every 12K miles or less.

my2ndz

You might want to push the PA/NJ Lemon Law Lawyer if you have experenced the feathering problem and if you are really interested in a Lemon Law Case.......can't say anymore.