Nissan Class Action Alleges Sentra Transmission Defect

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On Monday, Nissan North America Inc. was hit with a class action lawsuit alleging it failed to disclose that some of its Nissan Sentra vehicles contain a defect that can cause premature transmission failure.

Plaintiff Waldo Leyva filed the Nissan class action lawsuit on behalf of himself and a proposed Class of U.S. consumers who purchased or leased any 2012 through 2017 Nissan Sentra with an Xtronic Continuously Variable Transmission (CVT).

According to the Nissan Sentra class action lawsuit, the CVT is prone to premature failure. Leyva asserts that the CVT’s cooling system is designed in such a way that makes the transmission unreasonably sensitive to heat and prone to overheating.

When the transmission overheats, it may activate the “Fail-Safe Mode,” which may reduce the engine’s performance and cause drivers to experience shudders, vibrations, or catastrophic transmission failure, Leyva says.

Nissan also failed to disclose to consumers that the Nissan Sentra vehicles were equipped with a cooling system that is too small to effectively cool the transmission, the Nissan class action lawsuit says. These cooling systems are allegedly prone to malfunctions and premature wear that may cause drivers to experience loss of power or stalling unexpectedly while driving.

Leyva claims Nissan was aware of the Sentra transmission defect since at least 2013, if not earlier, and that the vehicles’ transmissions would require frequent repair. Despite this awareness, Nissan continued to install the allegedly defective CVT and inadequate cooling system, the Nissan class action lawsuit claims.

“Moreover, Nissan not only refused to disclose the problem to consumers, but it also actively concealed, and continued to conceal, its knowledge concerning the defective cooling system and prematurely wearing CVT,” the Nissan Sentra transmission defect class action states.

Transmission malfunctions can create dangerous situations, such as impairing a driver’s ability to control a vehicle and increasing the risk of collision, Leyva claims in the class action lawsuit. He says he would not have purchased a 2015 Nissan Sentra, or he would have paid less for the vehicle, if he had known about the Sentra transmission defect.

The Nissan class action lawsuit points to numerous complaints that have allegedly been filed with the National Highway Traffic Safety Administration and online about the Nissan Sentra transmission defect. Many of the complaints involved issues such as slow acceleration, stalling, clunking noises, and loss of control of the vehicle while driving.

In addition to a nationwide Class, Levya also seeks to represent subclasses of consumers who reside in California and/or who purchased and/or leased their Class Vehicles in California.

The Nissan class action lawsuit asserts claims for violation of California’s Consumers Legal Remedies Act, breach of implied warranty pursuant to the Song-Beverly Consumer Warranty Act, breach of implied warranty under the Magnuson-Moss Warranty Act, and unjust enrichment.

Leyva is represented by Jordan L. Lurie, Tarek H. Zohdy, Cody R. Padgett, and Karen L. Wallace of Capstone Law APC.

The Nissan Sentra Transmission Defect Class Action Lawsuit is Waldo Leyva v. Nissan North America Inc., Case No. 2:17-cv-06682, in the U.S. District Court for the Central District of California.

UPDATE: On Jan. 12, 2018, Nissan sought dismissal of several claims from a class action alleging transmission defects in certain model years of Nissan Sentra vehicles.

UPDATE 2: The case Waldo Leyva v. Nissan North America Inc., Case No. 2:17-cv-06682 was dismissed on April 20, 2018.  The plaintiff joined a similar case, Falk, et al. v. Nissan North America Inc., Case No. 4:17-­cv­-04871, in the U.S. District Court for the Northern District of California, which is still pending.