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
My 2016 Nissan Maxima roof exploded two weeks ago driving down 94 in Detroit. 40 degrees. No precipitation, gun shot sound. I’m gonna file a small claims case in if they deny it they will spend thousands in attorney. Just on principle
Sams exact thing happened to me in my 2016 Nissan Maxima. Something has to be done before someone is killed. The Sunroof is going to be over $1000 to have fixed. Nissan should Have to pay not Me!!
Mine exploded yesterday. 2015 Nissan Rogue.. No cars in front of me, no extreme temperatures, driving down the highway. Same as others, sounded like a shotgun. Glass everywhere. This is a known issue with Nissan (and others).
This happened to my sister in law last night driving from work who do you contact
My husband’s 2017 Maxima’s sunroof exploded yesterday while traveling in a country back road no other cars in sight. He wasn’t hurt, the bottom part of the sunroof was closed. He said it sounded like a gunshot. I just contacted Nissan, they said there’s nothing they can do, and to call our insurance company! I’m MAD!
My 2016 Murano sunroof exploded today (November 25, 2019), as we were driving down the highway at 70 miles per hour. It was like a shotgun blast. Glass went all over us! If we had not had on my eyeglasses my eyes would be filled with glass! We Immediately contacted our Nissan dealer in Tupelo and we’re informed my warranty would not cover this damage. They do know about the complaints but refuse to make it right. This is ridiculous! Lives are in danger!
My sunroof exploded this morning (11/08/19). I am the only owner of this 2012 Murano. It currently has 56000 miles. I have meticulously maintained this vehicle only through the dealership. Same thing as everyone else Is reporting. It sounded like a shotgun explosion. I was on the highway with no other vehicle in front of me. It was terrifying. What can I do?
This exact thing happened to me on 10/15/19. I was driving my Murano and the glass exploded out of nowhere – luckily the cover was closed. There were no cars/ no construction/no debris! There was a loud pop and glass shattered all over into the cover. I only purchased the car less than a month ago and the Reed Nissan (Orlando, FL) will NOT cover the damage. This is very unsettling, how do I know this won’t happen again? The dealership was very rude, saying it was an insurance issue!
I had the same thing to me while renting a 2019 Maxima with panoramic sunroof. Just driving down thee freeway and it exploded with glass falling into the car carriage. I had three children with me. One was cut from the falling glass. Alamo is holding me responsible.
Why is Nissan continuing to be allowed to manufacture automobiles with this glass?I would never purchase a Nissan product or rent from Alamo again.
Same thing happened to me last year in a Nissan Maxima rental. Did you fight the charges? Enterprise is trying to hold me responsible too. It’s horrible. They put ME and my family in danger with a faulty car.
Mine shattered back 2 weeks ago. Nissan refused to pay & flat out lied as to the reason it was denied. I had to pay out of pocket to have fixed
6/2/20 Same thing happened to my 2018 Nissan Murano, driving on the highway, out of the blue it exploded, luckily I had cover closed inside. Dealership would not do anything about it. Nissan corporate office, said that it’s a insurance issue not there’s. I’m pissed a lot of money out of pocket at these tough times.
My 2016 Nissan Rogue sunroof blew out and Nissan denied any defects. The sunroof still pops open really hard so I’m worried it’s going to happen again but Nissan says it’s normal to have it that tight so it doesn’t leak. Time will tell. Insurance claim was $1000. I don’t want to spend that again.