A proposed class action alleges a defect in the transmission of 2019-2021 Nissan Pathfinders and INFINITI QX60s.
Specifically, the lawsuit contends Nissan of North America, Inc. and Nissan Motor Co., Ltd. knew those vehicles had design and/or manufacturing defects that could cause their continuously variable transmission to malfunction. The complaint contends Nissan has implemented these transmissions in many vehicles since 2003, with some owners of affected vehicles reporting a significant delay in their vehicle’s response while accelerating from a stop or while in motion. This alleged issue poses safety hazards, including being unable to maintain the appropriate speed in traffic and putting drivers at risk of being rear ended, while being potentially exorbitant in cost to repair.
One of proposed class representatives, Massachusetts resident Timothy Ross, contends he experienced the defect in his 2020 Nissan Pathfinder, which experienced hesitation while attempting to accelerate.
The other named plaintiff, Massachusetts resident Kayla Klein, claims her Nissan Pathfinder has repeatedly exhibited the defect, including hesitation while trying to accelerate, sometimes accompanied by excessive revving. She claims the dealer told her the issue was the alternator, but the problems continued even after she paid a $100 deductible to replace the alternator.
The class action asserts claims including breach of warranty, fraudulent omission, and unjust enrichment. They seek remedies including reimbursement of expenses incurred due to the defect, a warranty extension for class vehicles, and damages.
The case is Timothy Ross, et al. v. Nissan of North America, Inc., et al., case number 3:22-cv-00830, in the United States District Court for the Middle District of Tennessee.
