Los Angeles, CA: A federal defective automotive class action lawsuit has been filed in South Florida against Nissan North America alleging failure to warn consumers about dangerously defective transmissions in 2013-2014 Pathfinder vehicles. The alleged defect poses a potentially serious problem at any time, particularly when a car is merging onto high-speed traffic on a freeway, according to the lawsuit.
The suit alleges that, on acceleration from 15 to 30 mph, the vehicles are subjected to unexpected shaking and violent jerking ("juddering"or "shuddering"), preventing the vehicles from accelerating.
The suit states: "This transmission defect creates an unreasonably dangerous situation and increases the risk of a crash; it is inevitable that an individual will be injured or killed due to a collision caused by this safety defect."
The suit alleges that Nissan concealed and knowingly sold and leased vehicles with the dangerously defective transmissions, and through its dealers failed to honor express and implied warranties to repair and replace the dangerously defective transmissions. Instead, the 77-page lawsuit claims, consumers' complaints were delayed, deflected, and ultimately denied.
This defect potentially affects tens of thousands of consumers throughout the country. The Consumer Class Action Complaint seeks damages in excess of $5 million, injunctive and declaratory relief, and punitive damages for claims of breach of express and implied warranties, violations of the Magnuson-Moss Warranty Act, and violations of the Florida Deceptive and Unfair Trade Practices Act.
The action, filed December 15, 2014, is styled Batista vs. Nissan North America, Inc., no. 1: 14-cv-24728-RNS, filed in the U.S. District Court for the Southern District of Florida. Ronald P. Weil and Mary Olszewska of the Miami and Los Angeles law firm of Weil Quaranta McGovern PA, Richard C. Newsome and Will Ourand of Newsome Melton LLP in Orlando, Florida, and F. Jerome Tapley, Ryan Lutz, and Adam W. Pittman of Cory Watson, P.C. in Birmingham, Alabama, filed the suit.
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I Have a 2011 Pathfinder with same issue! Less than 80k miles. This should not happen. Will never buy another Nissan again. Piece of shit!
Posted by Joanne
on
The transmission on my 2012 Versa started becoming a problem at 55,000 miles. The car lost power on the highway and the check engine light came on. This was an extremely dangerous situation. I had the car towed and they couldn't find the problem but reset the check engine light. This happened intermittently several times but when the mechanic got the car the problem could not be found. The transmission failed completely at 66,000 miles shortly after the warranty expired. Nissan knows about the trouble with the CVT transmission and will not back their products. I will never buy another Nissan.
Posted by Tasha Washington
on
My ex nissan First car caught on fire while I was in the doctors office, Nissan sentra 2004 I didn't receive a replacement car.Full coverage insurance and no type of recovery .. I use to love Nissan.. They came and got the car and that was the end sign me up
Posted by Rita malec
on
I just bought a 2014 Nissan Pathfinder
Posted by Bill
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2005 to 2012 Nissan Xterras have major transmission problems, the cooing line going through the radiator leaks letting water into the transmission, repair cost is anywhere from 3 to 6k.
Posted by clyde carr
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I have a 2006 nissan titan pickup both manifolds are split , I understand they once had a recall, the cost to replace the manifolds is around $2200.00. I am a service connected veteran & 93 years of age, we purchased the truck new in Palm Springs.
Posted by Kristin foote
on
My 2014 is having issues with excelerating, and has been jerking, I have taken it back to dealership for this reason, and they nothing is wrong.
Posted by Cathy
on
My Nissan Sentra is almost 3 years old. In January it would be 3 years old. I love my car and took good care it.
On Dec 17, 2015 my transmission died. I do not have the over 4,000 to replace since repair is not an option. I am giving the car back to Nissan and filing Bankruptcy.
I cannot afford to replace it and make the payments. Nissan will not help. So, I am going give the car to them. In order to sell it they will junk it or replace the transmission. Either way I cannot drive my 3 year old car. So, there nothing else to done. Except get my things out and give them the keys and walk away. I will never ever trust Nissan again. this hurts so bad.I loved my little car so much. Its cheaper to rent a car for awhile.
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