Nissan Class Action over Timing Chain Defect Gets Certified

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Earlier this week, a California federal judge certified a class action lawsuit alleging certain Nissan vehicles have a defect in their timing chain tensioning system that can lead to engine failure.

The Nissan class action lawsuit alleges that the timing chain tensioning system is prone to failure, presenting a safety concern for drivers and passengers in the affected vehicles. The plaintiffs claim that a malfunction of the timing chain tensioning system can cause an inability to accelerate, maintain speed and idle smoothly. In addition, a malfunction can lead to catastrophic engine failure.

Plaintiff Kobe Falco initially filed the Nissan class action lawsuit in 2012 claiming that 2004 to 2009 Nissan Quests and 2005 to 2007 Nissan Pathfinders, Xterras and Frontiers were affected by the alleged timing chain defect. Falco claims he was faced with significant repair costs after his 2005 Nissan Pathfinder experienced a malfunction of the timing chain tensioning system.

The plaintiff claims that Nissan has been aware of the defect since at least 2004 but concealed this knowledge so that the warranty period would expire before owners became aware of the issue. He says he would not have purchased the vehicle had he known about this alleged defect.

On Tuesday, U.S. District Judge Dean D. Pregerson certified a California and Washington Class of drivers who have incurred costs related to the alleged defect. He also certified a Class of Nissan owners and lessees in California who have not yet paid for repairs.

In making the decision to grant certification to the Nissan timing chain system defect class action lawsuit, Judge Pregerson found that the plaintiffs had alleged common damages that could be satisfied by reimbursing drivers’ out-of-pocket costs. He also found that Class Members could be identified based on their repair and ownership or lease records.

Further, Judge Pregerson found that the plaintiffs provided sufficient evidence to support their claims that the alleged defect posed a safety risk and that Nissan had been aware of the defect.

“A reasonable consumer would consider the presence of a defect in the timing chain system an important consideration in deciding whether to buy or lease a vehicle because of the safety concerns and also potential repair costs – particularly as the repairs would likely arise after the warranty period ended,” Judge Pregerson wrote in his order. “Therefore, the Court finds ascertainability met for all three classes.”

The plaintiffs are represented by Roland Tellis, Mark Pifko and Isaac Miller of Baron & Budd PC; Payam Shahian of Strategic Legal Practices APC; Jordan Lurie and Cody Padgett of Capstone Law APC; and Dara Tabesh of EcoTech Law Group PC.

The Nissan Engine Defect Class Action Lawsuit is Kobe Falco, et al. v. Nissan North America, et al., Case No. 2:13-cv-00686, in the U.S. District Court for the Central District of California.

UPDATE: On Dec. 1, 2017, Nissan agreed to settle a class action lawsuit alleging certain vehicles contain a timing chain defect by offering partial reimbursement to drivers in the form of either a voucher toward the purchase of a new car or coverage of the repair.

UPDATE 2: April 2018, the Nissan defective timing chain class action settlement is now open. Click here to file a claim.