Nissan Altima Class Action Says Vehicles Have Stalling Defect

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A Nissan Altima owner says that 2013 to 2014 model year vehicles contain a defect that causes them to stall unexpectedly, potentially leaving drivers in dangerous situations.

Lead plaintiff Christopher Gann alleges in the Nissan Altima stalling defect class action lawsuit that the vehicles contain defective continuously variable automatic transmissions.

The defect, says the plaintiff, leads to “shuddering, hesitation, stalling, unusual noises, and ultimately, premature transmission failure.”

“When the shuddering occurs, momentum of the Subject Vehicle is suddenly lost, the rate of speed drops or the vehicle stalls, and the brake lights do not illuminate,” claims the Nissan Altima class action lawsuit.

“The defect is especially dangerous because it manifests when the driver presses the accelerator. Just when the driver attempts to accelerate, nothing occurs. This is sometimes followed by an unexpected surge of power. The [defects] increase the risk that the driver will lose control and cause a collision.”

According to the Nissan Altima stalling defect class action lawsuit, the cost of fixing the defect is high – more than $3,000. Frustratingly, alleges Gann, the expensive fix often includes the installation of another defective part, potentially leading to the same dangerous problems.

Nissan, says the plaintiff, was aware of the defect. However, the car company did not tell consumers about the defect, alleges the Nissan Altima defect class action lawsuit.

“As a result of Nissan’s unfair, deceptive, and fraudulent conduct, Plaintiff and the other Class members received a car worth less than as represented and less than what they paid for when purchasing their Subject Vehicles,” contends the Nissan Altima class action lawsuit. “Plaintiff and the other Class members have suffered injury in fact and incurred damages.”

The plaintiff, a California resident, says that he experienced the stalling defect. According to the Nissan Altima stalling defect class action lawsuit, the plaintiff’s 2013 Nissan Altima began shuddering and then stopped completely on Dec. 3, 2016.

Gann says he took the car into a dealership and, despite having a 100,000-mile extended warranty, he had to pay $3,754.49 to have the problem fixed.

“Despite the new transmission, the Subject Vehicle continued to experience the juddering and delayed acceleration,” alleges the Nissan Altima stalling defect class action lawsuit. “Plaintiff purchased the Subject Vehicle believing it was safe, and he would not have purchased it if he knew it was unsafe.”

“At various times before experiencing the complete stalling event, Plaintiff brought his Subject Vehicle to Central Valley Nissan for maintenance and repairs performed by Nissan technicians. As a result of Nissan’s conduct and his purchase of the defective Altima, Plaintiff has lost money and been damaged.”

According to the Nissan Altima class action lawsuit, the car maker is well aware of the defect because of numerous consumer complaints. In fact, a website, CarComplaints.com, allegedly advised consumers to avoid the 2013 Nissan Altima and that warning was its biggest complaint at one point.

The Nissan class action lawsuit seeks to represent “[a]ll persons and entities that purchased or leased a 2013 or 2014 Nissan Altima for end use and not for resale.” The plaintiff is seeking damages as well as injunctive relief.

Gann is represented by Kevin H. Sharp of Sanford Heisler Sharp LLP, Ben Barnow, Erich P. Schork, Anthony L. Parkhill and Jeffrey D. Blake of Barnow and Associates PC and Timothy G. Blood and Thomas J. O’Reardon of Blood Hurst & O’Reardon LLP.

The Nissan Altima Stalling Defect Class Action Lawsuit is Gann v. Nissan North America Inc., Case No. 3:18-cv-00966, in the U.S. District Court for the Middle District of Tennessee.

UPDATE: On June 7, 2019, Nissan Altima owners secured a settlement offer from the carmaker which would resolve claims that the vehicles’ transmissions fail prematurely.

UPDATE 2: November 2019, the Nissan Altima transmission class action settlement is now open. Click here to file a claim.

UPDATE 3: The Vehicle Safety Defect Investigation is now open! If you own a vehicle that has a safety defect and you believe it should be covered by the warranty and it’s not, submit your information here.