Nissan Must Defend Itself Against AEB System Class Action, Judge Says

A federal judge in Tennessee has blocked the Nissan Motor Company’s efforts to get out of a class action lawsuit over a vehicle defect in the car manufacturer’s AEB system.

U.S. District Judge William L. Campbell Jr. on Monday dismissed one claim – a breach of express warranty claim – filed against the Nissan Motor Company of Japan by consumer Lakeita Kemp, but allowed all others to proceed. Kemp says Nissan’s automatic emergency braking system is defective and dangerous because it sometimes activates unexpectedly, even when there is nothing in front of the cars to warrant braking.

The legal wrangling involved Nissan Motor Company’s efforts to extricate itself from the class action lawsuit Kemp filed against it and Nissan North America – the company’s U.S. division. Nissan North America is responsible for the warranty on the vehicles Kemp is suing over, the Japanese parent company argued, so only the claims against it should stand. Judge Campbell agreed to dismiss the express warranty against the Japanese car company, but not the other claims of breach of warranty, unjust enrichment and fraudulent concealment.

Overview of Nissan AEB System Complaint

Nissan vehicles from model year 2017 to 2019 equipped with the Forward Emergency Braking or AEB systems are the subject of the Kemp’s class action lawsuit. Beginning in 2018, the feature was made standard in Nissan’s Rogue, Rogue Sport, Murano, Altima, Maxima, Armada, Pathfinder, Leaf and Sentra vehicles.

An AEB system uses a network of sensors and cameras to detect an impending collision and when triggered it brakes automatically if the driver does not do so manually. The problem with the Nissan AEB system, Kemp claims, is that it brakes unexpectedly when there is nothing with which the car is at risk of colliding. As a result, drivers “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 class action lawsuit claims.

Nissan AEB System Triggered Investigation

The alleged defect has been reported to the National Highway Traffic Safety Administration for investigation, Consumer Reports has reported. In April 2019, the magazine  published a story saying, “the National Highway Traffic Safety Administration has opened a defect petition review into 675,000 of the 2017-2018 Nissan Rogue SUVs over complaints that the AEB system engaged with no apparent obstruction in the vehicle’s path.” At that time, 87 complaints had been filed, the magazine reported.

Nearly a year later, the administration “found more than 800 complaints, 14 crashes and five injuries related to the AEB systems,” according to the online automotive website The Brake Report. Nissan also revealed that more than 1,400 reports have been filed about Rogue’s AEB system.

Kemp’s Class Action Claims

Kemp filed the class action against Nissan in October 2019, seeking to represent an undetermined number of other Nissan owners experiencing similar problems with their cars.

In the complaint filed with the class action, Kemp said soon after buying her 2019 Nissan Altima, the car’s AEB system began malfunctioning, most commonly in parking garages. The car “suddenly and forcefully” brakes as it approaches ramps to drive up to higher levels in garages.

Kemp alleges Nissan, was aware of the defect, but neglected to inform consumers about the problem. It has also refused to issue any kind of recall to fix the AEB system and attempts Kemp made to have the defect addressed by her Nissan dealership have been unsuccessful.

“Purchasers and lessees who have complained to Nissan about the emergency braking defect have been told that their vehicle is fine and have been refused repair or other adequate remedy,” the class action lawsuit says. Later, the complaint goes on to argue Nissan’s decision not to make the AEB system problems known to consumers led the plaintiffs to purchase vehicles “that they would not have purchased, or at least paid more … than they would have paid, had they known.”

Judge Campbell said because the warranty Kemp received on paper for her car identified Nissan North America as the guarantor, only it could be held liable for the express warranty. The rest of the class action lawsuit can go forward as is, the judge ruled.

Kemp is seeking damages and has requested a jury trial.

The Nissan Motor Company AEB System Class Action Lawsuit is Lakeita Kemp, et al. v. Nissan North America, Inc., et al., Case No. 3:19-cv-00854 in the U.S. District Court for the Middle District of Tennessee.

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If you own a vehicle that you believe has a safety defect and you are outside of the warranty period or you believe the defect should be covered by the warranty and it’s not, or you or a family member have been injured by a safety related defect, you may qualify to join this vehicle safety defect class action lawsuit investigation.

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This article is not legal advice. It is presented
for informational purposes only.