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Nissan Quest

Minivan’s steering problems never resolved, owner claimed

Settlement:   $31,632.00
Case Type:   Lemon Law, Motor Vehicle - Lemon Law, Alternative Dispute Resolution - Arbitration
Case:   Edward Itzhaki v. Nissan Motor Corp., No. 35117
Venue:   Education & Assistance Corp., Smithtown, NY
Judge:   Sheldon Lasher
Date:   Friday, July 14, 2006
Plaintiff Attorney(s):   Anthony T. Ballato; Anthony T. Ballato; Esq.; Massapequa, NY, for Edward Itzhaki
Defendant Attorney(s):   Linda Vengivena; New Brunswick, NJ. for Nissan North American Corp.
Facts:   In August, 2004, claimant Edward Itzhaki purchased a new 2004 Nissan Quest minivan. The $31,632 purchase included a standard manufacturer's warranty. Itzhaki claimed that the vehicle subsequently experienced functional problems that began in July 2005. He contended that the problems included vibration and shaking of the steeling column, and he claimed that the defects compromised the vehicles safety. During the ensuing eight months, the steering problems required nine separate adjustments and/or repair attempts. As a result of that work, the vehicle accumulated more than 15 days of repair-shop time. Itzhaki contended that the problems were never resolved. He attempted to return the vehicle, but it was refused by the manufacturer, Gardena, Calf. -based Nissan Motor Corp. Itzhaki sought recovery via application of the New Car Lemon Law, General Business Law article 11-A, ยง 198-a. The matter proceed to an arbitration hearing. Acting pro se, Itzhaki sought to return the vehicle, but his attempt was denied. Itzhaki retained an attorney and reinstated the action. His counsel claimed that the vehicle's poor condition constituted a violation of the Lemon Law, which specifies that a vehicle's first 24 months and/or 18,000 miles should not include more than four repair attempts and/or 30 days of repair-shop time. Nissan Motor's counsel contended that the vehicle underwent several repairs that Included balancing of the tires and replacement of the vehicles hub assembly and front axle.
Injury:   Itzhaki claimed that the vehicle experienced functional problems that included vibration and shaking of the steeling column, and he claimed that the defects compromised the vehicles safety. He sought recovery of $31,632, which represented the vehicles full purchase price, less $1,969 of depreciation, which was based on 6,225 miles of usage. He also sought recovery of the arbitration's $250 filing fee and the vehicle registration and Inspection fees, which totaled $187.50. Nissan Motor contended that the vehicle's defects did not constitute substantial impairment and that, therefore, Itzhaki was not entitled to a full refund.
Verdict:   Arbitrator Sheldon Lasher rendered a claimants decision. He found that the vehicle's first 24 months and 18,000 miles Included more than four unsuccessful attempts to repair continuing problems. Itzhaki was awarded $31,632, which represented the vehicle's full replacement cost. He also recovered the arbitration's $250 filing fee and the vehicle's registration and inspection fees, which totaled $187.50. Editor's comments: VerdictSearch made best efforts to contact respondent's counsel but was not able to do so. As a result, this report only Includes Information provided by claimant's counsel.

Lemon Law Cases