Two Texas residents are suing Nissan for alleged defects in their 2017 Nissan Titan pickup truck, for which they claim the repairs cost over $23,000.00.
As set forth in their complaint, filed in February 2022, James Losapio, Jr., and Kathleen Losapio contend the fuel system in their truck was contaminated with diesel exhaust fluid and diesel exhaust fumes entered the passenger cabin repeatedly due to the alleged defects.
They claim 2016-2019 Nissan Titans are equipped with Cummins 5.0-liter diesel engines featuring a diesel exhaust fluid filler tube located directly adjacent to the fuel filler tube, as well as a defective exhaust system and/or HVAC system that allows diesel exhaust fumes to enter the passenger cabin. They assert that issues associated with diesel exhaust fluid fuel contamination include failure to start, difficulty starting, rough idling, and reduced power, and it “is a substantial safety concern because it can result in engine failure that cannot be reasonably anticipated or predicted while the vehicle is in operation.”
The plaintiffs contend consumers have complained of the above issues nationally, but no recall, remedy, or adequate repairs have been offered by Defendant, Nissan North America, Inc. They raise claims including breach of warranty, unjust enrichment, and violation of the Texas Deceptive Trade Practices Act. The lawsuit seeks remedies including damages and an order enjoining Nissan from continuing to sell vehicles with the alleged defects without disclosing them.
The case is James Losapio, Jr., et al. v. Nissan North America, Inc., case number 3:22-cv-00072, in the United States District Court for the Middle District of Tennessee.
