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A California federal judge has granted certification to a class action lawsuit against Nissan North America Inc. over alleged brake defects in model year 2004-2006 Nissan Armada and Titan Trucks, as well as Infiniti QX56 vehicles.
The Nissan brake defect class action lawsuit was initially filed in 2011 by plaintiffs Brandon Banks and Erin Banks. Plaintiff David Soloway is also part of the class action lawsuit. The plaintiffs allege that the affected vehicles are dangerous because the “delta stroke sensor, an integral electronic component of said vehicles which controls critical safety aspects of braking, is well known by Defendants to be defective and faulty, having a high and unreasonably high incidence of failure during normal and customary use.”
Specifically, the plaintiffs allege that the alleged Nissan brake defect causes drivers to be unable to stop their vehicle safely, if they are even able to stop the vehicle at all. Erin Banks claims that she drove through a red light at a busy intersection while her children were in the vehicle, finding that she was unable to bring her car to a stop despite applying the brakes in a reasonable manner.
Despite her efforts to get Nissan to repair or replace the sensor, Nissan reportedly refused to do so, claiming that the warranty had expired. As a result, the Banks were required to pay more than $950 to repair the vehicle to make it safe to drive.
In their class action lawsuit, the plaintiffs allege that Nissan was aware of the defect but failed to disclose the defect to prospective buyers. They claim that a Technical Service Bulletin dated as early as 2006 addressed the particular failure. “Rather than disclose this critical safety defect and recall affected vehicles as defendants should have, Defendants made a conscious decision to ignore the problem at the expense of the safety of its customers … and the public at large,” the class action lawsuit says.
On Dec. 19, U.S. District Judge Phyllis Hamilton certified the Nissan brake defect class action lawsuit, which will include as Class Members all “consumer residents in California who own 2004-2008 Nissan Armada Titan (equipped with VDC) and Infiniti QX56 vehicles manufactured before April 1, 2008 … and all consumer residents in California who do not presently own affected vehicles but incurred monetary loss caused by the failure of the Delta Stroke Sensor in their affected vehicles.”
Even though some of the braking defects may have different causes, Judge Hamilton found that there was sufficient commonality in the plaintiffs’ claims that Nissan was aware of the defect but failed to notify consumers, in violation of consumer protection laws. She determined that the class action lawsuit should be certified because the plaintiffs adequately demonstrated numerosity, commonality, typicality and adequacy of representation required for certification.
Judge Hamilton also granted the plaintiffs leave to file a fourth amended class action lawsuit.
The plaintiffs are represented by Clayeo C. Arnold.
The Nissan Brake Defect Class Action Lawsuit is Banks, et al. v. Nissan North America, Inc. et al., Case No. 11-cv-02022, U.S. District of Northern of California, Oakland Office.
UPDATE: The Nissan brake defect class action settlement is now open! Click here to file a claim!
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22 thoughts onNissan Brake Defect Class Action Lawsuit Certified
quiero saber que es el primer paso ami este 10 de marzo 2015 me llego una carta de nissan que de el remitente es Banks v.nissan north america,inc.settlement administrador p.o.box 43444 providence,RI 02940-3344 por favor que alguien me guie y esque la estoy pagando a un banco aun no la pago total.
I have a 2010 Titan and just had the emergency brake fail! Went on without any warning and I started to hear a winning in the back as I drove I took it too the dealer and 3800 dollars worth of damage to the rear axle and differential unit. Fighting Nissan currently. The dealer siad he was amazed I didn’t roll over while driving.
I have the same problem on my 08 armada in texas I need help
I have a 2005 Nissan Armada with this same problem. It happened twice in the past 4 days. Does anyone know if this class action suit is still open? I have checked for recalls, but still nothing. I researched a lot today and I think this is a very common problem and we need to take action against Nissan!!!
si señor aun sigue la demanda yo tengo una 2006 y nissan me mando una carta para que se las lleve para revisión pero no se que hacer primero tendre que informarme con los demandantes cual es el primer paso y si ya me paso en dos ocaciones no enfrena alcontrario se va sola como si no pisara nada o como si las balatas estuvieran con grasa algo asi me paso y la cheque y todo esta bien las balatas nuevas y el liquido al nivel pero no agarra bien los frenos lo bueno que siempre manejo al limita y ala distancia que no cause un axidente.
I have a 2007 titan that just experienced the same exact instance today narrowly missing collision at an intersection by such issues:
Brake warning light came on
Electric chattering under floorboard, followed by soft and chattering brake pedal, no stopping
Automatically corrected itself once restarting vehicle.
Pls advise of any updates
I have 2006 Armada and having similar brake problems. Please advise on coarse of action.
I own a 2005 armada and having the same issue. How can I joint this class action lawsuit? I just want it fix without money out of pocket.
The same in Florida my 2005 Nissan armada has the same brake problem please give me a reference before I have a ton of out of pocket expenses
HELLO MARK,
Did you ever get the problem solve with the brake malfunction because I am going through the same problems.
We bought our 2007 Nissan Titan in 2011 in Florida and we are experiencing brake problems. How can we join this class action suit?
I bought my Nissan Titan (2004) in 2005 and have been plauged by this brake problem I line in Houston Texas, How can I join this class action suit?