PHILADELPHIA – Automaker Nissan is being taken to court by a Philadelphia man who says the company sold him a vehicle with a faulty gas pedal, transmission and transaxle.
Novruz Kasemi of Philadelphia filed suit in the Philadelphia County Court of Common Pleas on Oct. 24 versus Nissan North America, of Franklin, Tenn.
On Dec. 23, 2013, Kasemi bought a brand-new 2013 Nissan Sentra, manufactured and warranted by the defendant, and both purchased and registered in Pennsylvania. The price of the vehicle was in excess of $17,241, including registration charges, document fees, sales tax, finance and bank charges, but excluding other collateral charges not specified yet defined by the Lemon Law, the suit says.
The parties’ bargain includes an express three-year/36,000-mile warranty and other guarantees, but the plaintiff claims an unsuccessful repair job made by the defendant “substantially impaired” the vehicle and made it worthless. During the warranty tenure, Kasemi noticed the vehicle does not always accelerate when pressing the gas, in addition to problems with both the transmission and transaxle.
For alleged violation of Magnuson-Moss Warranty Act and Pennsylvania’s Unfair Trade Practices and Consumer Protection Law (UTPCPL), the plaintiff is seeking damages in an amount up to three times the purchase price of the subject vehicle, plus all incidental, consequential and treble damages, collateral charges, attorney’s fees and court costs, with a total judgment not in excess of $50,000.
The plaintiff is represented by Timothy J. Abeel of Timothy J. Abeel & Associates, in Glen Mills.
Philadelphia County Court of Common Pleas case 171002984
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com