Nissan, Driver Will Mediate Shattering Sunroof Class Action Lawsuit

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.