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.