Nissan has agreed to mediate a Nissan sunroof class action lawsuit with a consumer alleging that the glass feature can shatter without warning.
According to the agreement, the mediation session will be held on April 30 before former judge and experienced mediator James Warren of San Francisco.
The agreement comes only months after U.S. Magistrate Judge William Orrick ruled that plaintiff Linda Spry wasn’t bound by an arbitration agreement she signed when purchasing her vehicle.
Spry reportedly signed an arbitration agreement when she purchased her 2012 Nissan Murano from a California dealership in February 2013, but the agreement did not include Nissan as the manufacturer.
“Here, the dealership could have easily included Nissan as a third-party beneficiary, but it did not. The plain language of the contract suggests intent to include a limited class of third parties who are involved in disputes arising from the purchase, leasing, servicing or contract negotiations with the dealership,” Judge Orrick said in a September response to Nissan’s arbitration motion.
“When a party who executed a contract or document could easily have designated a third-party beneficiary but failed to do so, it is indicative of a lack of intent.”
The Nissan sunroof class action lawsuit was filed in February 2017, alleging that the glass features in Nissan vehicles have the tendency to shatter without warning.
The problem allegedly originates with the thin, tempered glass installed in sunroofs used in certain Nissan models as far back as 2008.
While other car manufacturers use laminated glass in their sunroofs, Nissan reportedly uses tempered glass and then lines the outer edge with a ceramic based paint.
Spry claims that the glass is weakened during the manufacturing process which can cause the sunroofs to shatter under normal circumstances.
Consumers have reportedly experienced their sunroofs shattering while driving at high speeds down an interstate or even simply driving down a normal road.
In May 2017, only months after the suit was first filed, Nissan sought to dismiss the suit. The car manufacturer claimed that the alleged flaws in the sunroofs were not covered by Nissan’s “materials and workmanship” warranty which specifically excludes “glass breakage” coverage.
Nissan also challenged other parts of the plaintiffs’ claims, including their fraud-based claims and their attempt to represent a nationwide Class.
However, Judge Orrick rejected this motion, finding that the plaintiffs had sufficiently alleged their claims.
The judge wrote that, while the claims were “somewhat bare,” amendments to the Nissan class action included specific details regarding advertisements from the Nissan dealership and discussions with dealership employees.
The drivers are represented by Gregory F. Coleman, Mark E. Silvey and Adam A. Edwards of Greg Coleman Law PC, and Mitchell Breit of Simmons Hanly Conroy LLC.
The Nissan Shattering Sunroof Class Action Lawsuit is Johnson, et al. v. Nissan North America Inc., Case No. 3:17-cv-00517, in the U.S. District Court for the District of California, San Francisco Division.
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51 thoughts onNissan, Driver Will Mediate Shattering Sunroof Class Action Lawsuit
November 11, 2023 sun roof on my 2019 Murano exploded. No warning of noise just glass covering my husband. Nissan dealer in Athens Ga. Said it would cost around $5000.00 to replace and carpet needed to be replace also. That the glass powder would never come out He gave me No information on other customer having the same problem. what they gonna do when someone gets cut real bad or worst?
2016 Nissan Rogue has a leaky sunroof when purchased but the dealership or manufacture will not accountability for the problem. Car has damage from rain throughout the vehicle & we are still responsible for payments etc.
Our 2017 Nissan Murano sunroof just exploded while driving in the freeway, its completely shattered from the inside out. what is Nissan doing about this Please help!
My 2021 Nissan Rogue moon roof exploded while I was driving 50 mph!Unbelievable this same thing has been happening since 2009 and Nissan not taking any responsibility!
Lost my moonroof on our 2017 Rogue this weekend. $1800.00 to replace it. How is Nissan getting away with this? How do I sign up for inclusion in the class action?
My Nissan Murano 2018 platinum sunroof exploded while I was driving 75 mph on Interstate. 4/30/2022
Our 2016 Nissan Murano platinum sunroof just exploded yesterday in California. We are now researching how to get it fixed and who will be responsible. Had anyone had any luck?
The same has happened with my 2020 Nissan Murano and I’m being told that the sunroof is on back order. This happened to me on August 16, 2021…I can’t get assistance from Nissan they have refused. Did you receive any assistance?
Hi, it just happened to my rogue 2019, did you received any assistance??
Thanks
My 2018 murano platinum leaks water from the cheap seal they put on it. Already paid 700 to get the drains unclogged and it still leaks now it’s out of warrant and nissan won’t do a darn thing about it. Nissan sucks!!!
I have a 2016 Murano my wife and I were driving on the yellowed in Alberta Canada when all of a sudden the front half of the sun roof exploded. There was no impact just boom and glass every where.
So this happened to me to today. I was driving down the highway and my sun roof shattered. Does anyone have any tips on how to take care of this? I went through insurance but apparently glass claims are a lot more detailed?