Fried v. Nissan Motor Corporation USA
Fried v. Nissan Motor Corporation USA, 2011-0121/FTM (Fla. NMVAB August 16, 2011)
The Consumers leased a 2010 Infiniti G37 and complained of a navigation system failure causing the navigation screen to display only lines and not “street names” in gated communities. The Consumers were both realtors who relied on the navigation screen to find homes within the numerous gated communities where they worked. The reason they purchased this particular vehicle was largely based on the features of this particular navigation system. According to both Consumers, it was very important that the system work while they were in one of the 476 gated communities in Collier County looking for a particular address. Prior to purchasing the vehicle, they took a test drive with the salesman to the gated community where they lived and drove past several others. At that time, the navigation system was working and clearly displayed the names of all the streets within the communities. Approximately six months after purchase however, when the navigation software was reprogrammed pursuant to an Infiniti “Voluntary Service Campaign,” the screen displayed only solid lines with no names in the gated communities. The Manufacturer asserted that the way the navigation system operated did not substantially impair the use, value or safety of the vehicle. The Manufacturer’s witness testified that the system was “operating as designed.” The navigation system software had not changed since 1998 and the “off the beaten path” streets never appeared on the navigation screen. The Board rejected as not credible the contention that the subject navigation screen never displayed the street names in gated communities and concluded that the malfunction was nonconformity. Accordingly, the Consumers were awarded a refund.
OFFICE OF THE ATTORNEY GENERAL
FLORIDA NEW MOTOR VEHICLE ARBITRATION BOARD
QUARTERLY CASE SUMMARIES
July 2011 – September 2011 (3rd Quarter)
NONCONFORMITY 681.102(16), F.S.. (2010)