Nissan Class Action Says Braking System Poses Safety Risk

Nissan emergency braking fails without warning according to a recent class action lawsuit filed in federal court.

Some Nissan vehicles are equipped with a forward emergency braking/automatic emergency braking system which uses radar to avoid collisions with other vehicles or pedestrians. If the radar detects an imminent collision, it will apply the emergency brake which causes the vehicle to decelerate and stop.

The Nissan emergency braking system was first offered on the 2015 Murano. Then, starting in model year 2018, the Nissan emergency braking system became standard on its Rogue, Rogue Sport, Murano, Altima, Maxima, Armada, Pathfinder, Leaf and Sentra vehicles, except for those equipped with manual-transmissions and all NISMO versions.

However, recent class action allegations claim that the Nissan emergency braking system is defective. Plaintiff David Turner claims that the system causes sudden, unexpected stops when no collision is imminent and the driver has no intention of stopping their vehicle.

“Due to the Emergency Braking Defect, owners and lessees of Class Vehicles have experienced sudden and unexpected braking on railroad tracks, on bridges, in intersections, and other driving situations that have placed them at serious and unreasonable risk of side-on or rear-end collision,” the Nissan emergency braking class action argues.

Turner owns a 2017 Nissan Rouge Sport equipped with the Nissan emergency braking system. Within weeks of purchasing the vehicle new in 2018, Turner allegedly started to experience problems with the braking system. According to the Nissan class action lawsuit, Turner most commonly experienced the defect while in parking garages as he approached an up ramp. The defect allegedly caused his brakes to lock up, “suddenly and forcefully”, even though there is no risk of collision.

Other consumers allegedly experience the defect when approaching railroad tracks and bridges. The sudden, forceful stopping of the vehicle is reportedly a hazard for Nissan drivers and other drivers on the road if the car stops randomly while moving at high speeds on the highway.

In his class action lawsuit, Turner claims that Nissan is aware of the defect in their braking system due to the reports by drivers collected by the National Highway Traffic Safety Administration’s Office of Defects Investigation. Despite allegedly being aware of the defect, Nissan failed to warn consumers and instead actively concealed the defect from drivers.

Turner seeks to represent a nationwide Class of consumers who owned or leased a model year 2017-2019 Nissan vehicle equipped with Forward Emergency Braking or Automatic Emergency Braking technology. He also seeks to represent a Class of the same consumers in Massachusetts. The Nissan class action lawsuit seeks compensatory damages, exemplary damages, statutory damages, disgorgement, restitution, court costs, and attorneys’ fees.

The lead plaintiff is represented by J. Gerard Stranch IV, Benjamin A. Gastel, and Tricia Herzfeld of Branstetter, Stranch & Jennings PLLC; W. Daniel “Dee” Miles III and H. Clay Barnet III of Beasley, Allen, Crow, Methvin, Portis & Miles PC; Adam J. Levitt, John E. Tangren, and Daniel R. Ferri of Divello Levitt & Casey LLC; Benjamin L. Bailey, Jonathan D. Boggs, and Michael L. Murphy of Bailey Glasser LLP; Daniel A. Schlanger of Schlanger Law Group LLP; Kim E. Richman of Richman Law Group; and Jeffery Kaliel of Keliel PLLC.

The Nissan Class Action Lawsuit is Turner v. Nissan North American Inc., et al., Case No. 3:18-cv-01361, in the U.S. District Court for the Middle District of Tennessee.