Nissan Sold 2017-18 Altima, Sentra Vehicles Containing Defective Transmissions, Class Action Alleges

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Nissan CVT Defect Class Action Lawsuit Overview: 

• Who: Minerva Martinez filed a class action lawsuit against Nissan North America Inc. 
• Why: Martinez claims Nissan sold model year 2017-18 Nissan Altima and Sentra vehicles containing defective continuously variable transmissions.
• Where: The class action lawsuit was filed in California federal court.

Nissan North America manufactured and sold model year 2017-18 Nissan Altima and Sentra vehicles containing defective continuously variable transmissions (CVTs), a new class action lawsuit alleges. 

Plaintiff Minerva Martinez claims Nissan fails to disclose the issue to drivers who are left with vehicles prone to overheating due to the alleged defect. 

Nissan manufactured the CVTs with an “inadequate cooling system” that “fails to properly regulate the temperature in the fluid which lubricates all the components of the CVT,” according to the class action lawsuit. 

Martinez wants to represent a nationwide class of consumers who purchased or leased a 2017-18 Nissan Altima or Sentra, along with a subclass of drivers who purchased or leased an affected vehicle in Nevada. 

Martinez says she began to experience issues with her new 2017 Nissan Altima shortly after purchasing the vehicle, including losses of power and a failure to accelerate. 

Martinez claims there was no mention of the CVT defect when she purchased the vehicle, which she says was marketed to her by a salesperson as having a “smooth ride” and a “powerful engine.” 

Nissan Did Not Solve Issue, Mischaracterized Service Records, Plaintiff Claims

Despite multiple attempts to have her vehicle’s CVT fixed at Nissan dealerships, Martinez claims the defect, which she argues also puts drivers at risk, was not solved and is still causing her problems. 

Martinez claims that Nissan even mischaracterized one of her service records as being a brake issue while simultaneously refusing to “diagnose or attempt to repair the transmission safety issue.” 

Martinez claims Nissan is guilty of breach of express warranty and unjust enrichment and in violation of the Nevada Deceptive Trade Practices Act. 

Plaintiff is demanding a jury trial and requesting relief in the form of compensatory, statutory and exemplary damages for herself and all class members. 

Last month, Nissan agreed to pay $277.7 million to end claims it sold certain Rogue, Pathfinder and Infiniti QX60 vehicles with defective CVTs. 

Did you purchase a model year 2017-18 Nissan Altima or Sentra with a defective CVT? Let us know in the comments! 

The plaintiff is represented by James C. Shah of Miller Shah, LLP; Tarek H. Zohdy, Cody R. Padgett and Laura E. Goolsby of Capstone Law APC; Norberto J. Cisneros and Barbara McDonald of Maddox & Cisneros, LLP; and Melissa S. Weiner of Pearson, Simon & Warshaw, LLP. 

The Nissan CVT Defect Class Action Lawsuit is Martinez v. Nissan North America Inc., Case No. 3:21-cv-02146, in the U.S. District Court for the Southern District of California.

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