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MANGOLD v. NISSAN NORTH AMERICA, INC.

No. 3-02-0796.

809 N.E.2d 251 (2004)

347 Ill. App.3d 1008

284 Ill.Dec. 129

Christopher MANGOLD and Erynn Mangold, Plaintiffs-Appellees, v. NISSAN NORTH AMERICA, INC., Defendant-Appellant.

Appellate Court of Illinois, Third District.

April 30, 2004.

Attorney(s) appearing for the Case

Ross W. Bartolotta, Bruce S. Terlep (argued), Swanson, Martin & Bell, Wheaton, for Nissan North America, Inc.

Scott M. Cohen (argued), Todd M. Friedman, Krohn & Moss, Ltd., Chicago, for Christopher Mangold, Erynn Mangold.

Justice LYTTON delivered the opinion of the court:

Plaintiffs, Christopher and Erynn Mangold, brought suit against Nissan North America (Nissan) pursuant to the Magnuson-Moss Warranty Act (15 U.S.C. section 2301 et seq.) (Act). The complaint alleged that Nissan failed to uphold provisions of its warranties on a vehicle purchased by a financial services company and leased to plaintiffs. Nissan filed a motion to dismiss, contending that leases do not fall under the...

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