Nissan Drivers Seek Class Cert. in Clutch Defect Lawsuit

The plaintiffs in a class action lawsuit alleging Nissan 370Z sports cars have a clutch defect asked a federal judge to certify their proposed Class.

Lead plaintiffs alleged in their class action lawsuit that the clutch in the 370Z is defective and presents a safety hazard.

What’s more, alleged the plaintiffs, Nissan had marketed the car as “fully redesigned,” but in reality still used the defect manual transmission from the 350Z.

According to the Nissan class action lawsuit, the clutch is defective because it sticks when it gets hot, causing damage to gears. The plaintiffs pinpoint the defect to the concentric slave cylinder (CSC) in the clutch system.

The defect, say the plaintiffs in their motion for certification of the Class, “causes the ‘clutch pedal to go to the floor’ or ‘feel soft,’ which is a serious safety hazard that prevents drivers from shifting to regulate speed.”

The plaintiffs want a federal judge to certify a Class of Nissan 370Z owners in California whose vehicle was equipped with a FS6R31A manual transmission system. The Class also includes those who purchased their Nissan 370Z in California.

“While Nissan may contend that there is no common defect because clutch systems can fail for a variety of reasons or factors, plaintiffs alleged, and can prove through common evidence, that the class vehicles were sold with defective CSCs,” argued the plaintiffs in their motion.

The plaintiffs allege in their motion for certification that the defect in the Nissan 370Z stems from the CSC and the Class is defined from that defect.

The plaintiffs also asked the judge to disregard a similar class action lawsuit against Ford that was dismissed for lack of evidence. In this class action against Nissan, say the plaintiffs, they can provide evidence of the defect.

“[T]he subject CSC is comprised of a thin aluminum cylinder attached to a plastic base that does not transfer heat effectively,  which causes clutch malfunctions and damage consistent with those Plaintiff experienced,” allege the plaintiffs in their motion.

According to the Nissan class action lawsuit, a full redesign of the 370Z was advertised by Nissan starting in 2003; however, Nissan did not redesign the clutch system, say the plaintiffs. Further, allege the plaintiffs, Nissan has known of the defect since 2008, but has failed to notify drivers of the problem or provide a fix.

The lead plaintiff alleges that he and other potential Class Members researched the Nissan 370Z to ensure it would be safe and reliable. The alleged defect, however, can manifest itself unexpectedly and without warning, presenting a serious safety hazard to Nissan owners and other motorists.

The plaintiffs are seeking damages from Nissan. They say that Nissan should pay Class Members the amount that they overpaid for their 370Z.

The lead plaintiffs are represented by Jordan L. Lurie, Robert K. Friedl, Tarek H. Zohdy, Cody R. Padgett and Karen L Wallace of Capstone Law APC.

The Nissan Clutch Assembly Defect Class Action Lawsuit is Huu Nguyen v. Nissan North America Inc., Case No. 5:16-cv-05591, in the U.S. District Court for the Northern District of California.

UPDATE: On Feb. 5, 2018, Nissan filed a motion in federal court opposing an effort by Nguyen to certify a Class of persons who owned or leased certain Nissan and Infiniti vehicles built with a manual transmission.