It’s been more than a year since Nissan North America was hit with a lawsuit claiming certain models have defective panoramic glass sunroofs, which may cause them to explode spontaneously. However, the manufacturer made headway in the case when U.S. District Judge William Orrick dismissed several claims against them.
In February 2017, California resident Sherida Johnson sued the automaker, alleging her 2016 Nissan Maxima’s sunroof shattered spontaneously. According to the plaintiff, she was denied warranty coverage despite having warranty coverage. Johnson claims she paid $185 out-of-pocket after being reimbursed by her insurer.
The lawsuit now has seven named plaintiffs seeking class-action status who represent California, New York, Colorado, Florida and Illinois.
Judge Orrick has dismissed the following five claims out of the 16 brought against them:
- Violation of the Colorado Consumer Protection Act;
- Breach of express warranty for Colorado class members;
- Two counts of breach of implied warranty of merchantability for Colorado and Illinois class members; and
- Violation of Illinois Consumer Fraud and Deceptive Business Practices Act
However, the judge noted in his ruling the claims for violation of Colorado’s Consumer Protection Act and Illinois’ Consumer Fraud and Deceptive Business Practices Act could be re-pleaded.
The company is also battling a similar lawsuit in the California Northern District brought forth by Janelle Horne, who claims the sunroof on her leased 2016 Infiniti QX80 shattered spontaneously.