Nissan Asks that Defective Sunroof Lawsuit be Dismissed

In February, Nissan was hit with a lawsuit claiming that certain 2008-present Nissan and Infiniti models have faulty panoramic glass sunroofs, which can cause them to explode spontaneously.

Nissan asks the court to dismiss the lawsuit against them for allegedly defective panoramic sunroofs.

The lawsuit was brought forth by Janelle Horne who claims that she and her family were riding in a leased 2016 Infiniti QX80 when the sunroof shattered unexpectedly, sending shards of glass flying outward from the roof. After taking the vehicle to a dealership for repairs, Horne claims she was denied warranty coverage.

According to the court document, the shattering sunroofs are allegedly due to defective tempered glass, which fails to meet safety requirements due to their size and lack of strength. In addition, the lawsuit also states that the manufacturer added ceramic paint to the tempered glass which weakened its structural integrity.

Nissan is now asking that the case be dismissed, saying the plaintiff’s claims fail for a number of reasons. According to the company, the plaintiff’s express-warranty claim fails because the manufacturer’s limited warranty only covers repairs due to defects in materials or workmanship, not design-defects. Glass breakage is specifically outlined as an exclusion in the company’s limited warranty, according to the manufacturer.

The document continues, “Second, the implied-warranty claim fails for lack of privity and because Plaintiff has not shown the alleged defect makes her car ‘unmerchantable.’

“Third, all of Plaintiff’s fraud-based claims fail. She does not allege that Nissan or anyone else made any affirmative misrepresentation to her, and her omission-based claim fails because she does not allege either that the design defect poses an ‘unreasonable safety hazard’ or that Nissan had the necessary knowledge at the time she leased her vehicle.”

Nissan also argues that Horne alleges no facts that would entitle her to equitable relief, and that she “must allege facts, that if proven, would show she lacks an adequate remedy at law, and for injunctive relief, she must plead irreparable harm. She has pleaded none of this. For that reason as well, Plaintiff’s complaint should be dismissed.”

The company is battling another lawsuit, brought upon by three plaintiffs, for the same defective panoramic sunroofs. Nissan is requesting that case be dismissed as well.

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