Nissan Class Action Says Sunroofs Can Shatter Without Warning

Nissan North America is facing a proposed class action lawsuit brought by a California woman who says the automaker knowingly sells vehicles with defective sunroofs that can shatter without warning and potentially cause serious injury.

Plaintiff Janelle Horne says she leased a new Nissan Infiniti QX80 vehicle with a sunroof in September 2016.

While driving with her husband and four children, her Nissan sunroof allegedly erupted with a massive bang that was itself terrifying to her and her family.

Specifically, Horne’s husband was merging into freeway traffic at the time of the sunroof failure and traveling at less than 50 mph, the lawsuit states.

The sunroof shattering caused Mr. Horne to immediately pull to the side of the road, glass shards were apparent and the sunroof was asunder.

The couple promptly brought the vehicle to the nearest Nissan dealership, which they claim sought to deflect responsibility for the sunroof shattering.

According to the complaint, the dealership blamed “small rocks” or “falling objects” for the damage and initially refused warranty coverage.

However, Mrs. Horne’s persistence and threat of public exposure caused eventual replacement of the sunroof by Nissan but her damages were never paid for, her costs not reimbursed, the paint damage not repaired, and warranty coverage for her and others similarly situated was never acknowledged, the lawsuit contends.

In the complaint, Horne references statements from more than 17 drivers of various Nissan models.

“Nonetheless, Nissan not only refuses to warn drivers of the danger, but also continues to sell and lease the vehicles without disclosing the defect to consumers,” the complaint reads.

Several models of Nissan vehicles equipped with factory-installed panoramic sunroofs are included in the class action lawsuit: the 2008-present Rogue, Maxima, Sentra, Pathfinder, and Altima models; 2009-present Murano models; and 2011-present Juke models.

The complaint challenges, among other things, the tempered glass used in the manufacture of Nissan’s sunroofs. “Whereas some manufacturers, such as Volvo and Honda, have used a laminated glass, other manufacturers, such as Nissan, Ford, Kia, Hyundai, and Volkswagen, have opted to install panoramic sunroofs with tempered glass that features large areas of ceramic paint,” according to the lawsuit.

Horne is bringing this proposed class action lawsuit seeking to represent “all persons who purchased or leased in the State of California a model year 2008-present Nissan or Infiniti vehicle, with a factory-installed sunroof made of tempered glass.”

She is asking for relief and judgment for actual damages, restitution and/or disgorgement as well as an order enjoining Nissan from continuing to engage in unlawful and unfair business practices in regards to the defective sunroofs.

Horne’s lawsuit is not the only complaint Nissan is facing over their shattering sunroofs. The Courier Post reports that in November, a New Jersey man filed a similar proposed class action lawsuit in federal court. Plaintiff Harry Gusenhouser asserts that several models of Nissan vehicles are equipped with panoramic sunroofs that “… shattered suddenly and without warning.”

This lawsuit also accuses Nissan of deceptive warranty practices, saying that although Nissan advertises 36-month/36,000-mile limited vehicle coverage and 5-year/60,000-mile limited powertrain coverage, “Nissan has systematically denied coverage with respect to the defective sunroofs.”

Horne is represented by Jeffrey R. Krinsk and A. Trent Ruark of Finkelstein & Krinsk LLP.

The Nissan Shattering Sunroof Class Action Lawsuit is Horne v. Nissan North American Inc., Case No. FCS048206, in the Superior Court of the State of California, County of Solano.