A Nissan dealership in Indiana faces trial in a lawsuit accusing it of fraud and a consumer protection violation in its sale of a used 2008 Ford F-250.
The state Court of Appeals reinstated the case and said a jury should decide whether what was then Nissan of Lafayette erroneously told L.T. Garrett that the pickup's rebuilt replacement engine was covered by a 2-year warranty from the engine manufacturer. In reality, the warranty had already expired.
Garrett bought the truck in April 2018, and the engine failed 14 months later, the court said. When Garrett discovered the engine wasn't covered by warranty, he unsuccessfully asked the store to pay for repairs.
The dealership is now under different ownership, according to Garrett's lawyer, Robert Duff, of Fishers, Ind.
The suit seeks damages, including the cost of a replacement engine. Nissan of Lafayette denied any misrepresentations, contending it was unreasonable for Garrett to believe there was such a warranty and that he declined an offer to buy a warranty.
A lower court judge dismissed the case.
But in an Aug. 11 opinion, the Court of Appeals said it will be up to a jury to determine whether Garrett was told verbally that the engine was under warranty and, if so, whether it was reasonable for him to rely on such a statement in opting to buy the F-250.
Dealership lawyer Ann Coriden, of Columbus, Ind., said she could not comment on pending litigation.
Duff said there will be more discovery, and the case will be set for trial.
