HARRISBURG – A Chambersburg man alleges he would not have purchased a vehicle if had known the transmission was defective.
Jeffrey Francis Thoms filed a complaint on Feb. 1 in the U.S. District Court for the Middle District of Pennsylvania against Nissan North America Inc. citing the Manguson-Moss Warranty Act and other counts.
According to the complaint, the plaintiff alleges that he purchased a new 2014 Nissan Pathfinder in July 2014 and has taken it to defendant's authorized dealerships for repairs for his complaints that the vehicle lacked power and jerked when driven. He alleges despite repair attempts, the vehicle still has issues.
The plaintiff holds Nissan North America Inc. responsible because the defendant's JATCO CVT8HT type transmissions have a defect and that fixes via reprogramming the transmission's control module do not cure the defect.
The plaintiff seeks monetary damages, replacement of the subject vehicle with a new vehicle or repair of the defective subject vehicle, incidental and consequential damages, punitive damages, court costs and any further relief the court grants. He is represented by Jody B. Burton of Lemberg Law LLC in Wilton, Connecticut.
U.S. District Court for the Middle District of Pennsylvania case number 1:18-cv-00223-JEJ