Anne Bucher  |  January 16, 2015

Category: Consumer News

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Nissan logoNissan North America Inc. has been hit with a class action lawsuit alleging it failed to warn consumers about a dangerous transmission defect that affects 2013 and 2014 Nissan Pathfinder vehicles.

According to the Nissan transmission defect class action lawsuit, the Pathfinder vehicles suffer from a transmission defect that causes them to violently jerk or shake when accelerating from 15 to 30 miles per hour. Further, this transmission defect allegedly prevents the affected vehicles from accelerating as intended.

The Nissan Pathfinder transmission defect is allegedly due to the defective design of a continuously variable transmission known as the “JATCO CVT8HT,” which is prone to a “CVT belt slip condition.”

“The transmission defect creates an unreasonably dangerous situation and creates the risk of a crash; it is inevitable that an individual will be injured or killed due to a collision caused by this safety defect,” the Nissan class action lawsuit alleges.

Nissan was aware of the “irreparable” transmission defect before the first 2013 Nissan Pathfinder was sold, according to the class action lawsuit. Additionally, Nissan began receiving complaints since at least 2013 through the National Highway Traffic Safety Administration (NHTSA), the Better Business Bureau, Internet forums, Nissan dealerships and direct complaints by owners of the affected vehicles.

The Nissan class action lawsuit lists numerous complaints from consumers about the Pathfinder transmission defect. Several consumers described the sensation as feeling like they were driving over a highway rumble strip.

Plaintiff Kenai Batista, a Florida resident, purchased a brand new 2014 Nissan Pathfinder in October 2013, according to the transmission defect class action lawsuit. She first experienced violent shuddering while accelerating in January 2014 and was fearful for her safety and her children’s safety. She took the vehicle to the dealership’s service department, but attempts at fixing the transmission issues were unsuccessful, the class action lawsuit alleges. Batista says she would not have purchased the Nissan Pathfinder vehicle if she had known about the transmission defect.

“Nissan continues to sell and lease the Pathfinder despite its awareness of the defect and the danger it poses to consumers and other drivers,” said plaintiff’s attorney Ronald P. Weil of Weil Quaranta McGovern PA.

“This poses a potentially serious problem at any time, particularly when a car is merging onto high-speed traffic on a freeway,” explains Mary Olszewska, also of Weil Quaranta McGovern PA.

The Nissan Pathfinder class action lawsuit alleges that the transmission defect affects more than 100,000 vehicles throughout the United States.

Potential Class Members of the transmission defect class action lawsuit include all U.S. residents who own, owned, lease or leased a 2013 or 2014 Nissan Pathfinder. The plaintiff is also seeking certification of a subclass of Florida residents who have owned or leased the affected vehicles.

Cory Watson PC, one of the firms bringing this Nissan class action lawsuit, previously represented consumers in the settlement of a class action lawsuit (Banks v. Nissan North America Inc.) over an electrical component defect that allegedly caused sudden brake failure. Under the terms of the brake defect settlement, which was filed in December in California federal court, Nissan will offer reimbursement to current and former owners of about 350,000 Nissan vehicles that were affected by the alleged defect.

The plaintiff is represented by Weil Quaranta McGovern PA, Newsome Melton LLP, and Corey Watson PC.

The Nissan Transmission Defect Class Action Lawsuit is Batista v. Nissan North America Inc., Case No. 1:14-cv-24728-RNS, in the U.S. District Court for the Southern District of Florida.

UPDATE: On Oct. 11, 2016, Nissan has reached a settlement with a group of consumers accusing the company of producing vehicles with defective transmissions and concealing the information from drivers.

UPDATE 2: The Nissan transmission defect class action settlement is now open! Click here to see if you qualify.

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81 thoughts onNissan Faces Pathfinder Transmission Defect Class Action Lawsuit

  1. David and Ana from Puerto Rico says:

    We have the same problems and would like to receive more information. In July 2013 we bought a 2013 brand new model and four months after that, this truck started to shake and having the same problems that the others describes in this blog. New car with to many problems. We need help. Thanks for your response!

  2. QX60 Girl says:

    Same with my 2014 Infiniti QX60 bought in oct 2014, been in shop twice for shudder judder which they said had no fix because it was a computer issue and engineers were working on a fix. Third time took it in and they changed the transmission and acted like they just now figured out what the problem was. Anyhow they changed the trans with a remanufactured transmission probably from another QX and still shudders however much lighter, but also revs high and won’t switch to second gear. I think I’m done. Was just looking up Florida lemon law here on the web and came across this article. Would love more info please. Thank you

  3. Luis says:

    Nissan Mexico Pesimo producto Pathfinder 2013-2014, y peor servicio !!! Compre una pathfinder 2014 y ya esta en su tercer cambio de transmision en menos de 1 año…… Es increible el pesimo servicio de nissan Mexico para este tipo de problemas.. .La gente de Nissan te dice que no te preocupes y que seas paciente, que te responderan con la garantia ???!! Las veces que sea necesario.. ? Pagarias tu por eso el precio nada barato de la unidad..:? Hubo un recall de este pesimo producto? Sera necesario proceder con una demanda como la que esta en USA?..

    1. Katia says:

      Luis tengo el mismo problema en México con una Pathfinder 2014, 2da transmisión en 1 año, y lo peor el trato que he recibido por parte de la agencia Nissan,
      Alguna vez te resolvieron tu problema???

  4. Francisco Herrera says:

    Ola mi nombre Francisco Herrera y también tengo muchos problemas con mi nissan pathfinder2013 yo compre este veiculo sero millas y desde la primer semana lo metí a reparación y nunca la pudieron reparar able ala oficina al consumidor abrieron el caso pero al final no isieron nada yo casi me mato en tres ocasiones por los defectos de este auto si algun abogado se puede contactar con migo se los agradesco de antemano les dejo mi numero directo (707)3105750 de la siudad de vallejo ca.

  5. Olgamary Cruz says:

    Me interesaría agregarme a la demanda, soy de Puerto Rico, no se aplique a la misma…petp he tenido estos problemas y me han reemplazado la transmision 2 veces. Aun continuo con el problema. Adicional, me cambiaron la bomba de los frenos pues me dejo sin freno en una ocasión. Agradeceré toda la información que puedan brindarme…

  6. Joel says:

    I’ve noticed these problem on my 2014 Pathfinder and I would like to add my name to the list of people who will need Nissan to assist in fixing the problem.

    1. chris says:

      Hello, I also have the same “shuddering” issue with my 2013 Nissan Pathfinder. The dealership will not take responsibility. Do you ever get a reply to your email regarding how we get Nissan to take ownership and fix the problem? Thanks.

  7. wagmtcocom_pb says:

    I bought a 2014 Nissan Pathfinder on February 28, 2014. I have had three transmission replaced and it seems my heating and air-conditioning is not working the way the instruction manual says it should. I have been dealing with this headache since mid-July 2014. It makes me sad and I feel like a sucker. The dealership says its Nissans problem and Nissan only believes what the dealership can duplicate on a computer. Nissan and the dealership have pretty much treated my wife and I like liars as if I bought a new car and then started fabricating this transmission shudder story. I was told by one of the general managers at the dealership that Nissan knew of the problem when I bought the Pathfinder. I would have never of bought the Pathfinder if I had known about this transmission problem and Nissan is not paying me to be their Guinea Pig. The lemon law at least in Illinois says I have to file something within a year of purchase can anyone give me advice on how to do this? Does anyone have advice on how to litigate against Nissan?

  8. Suzanne Hill says:

    My 2013 Pathfinder is not shuddering but has lost acceleration about 15 times in the last 2 weeks-once while carrying 6 children and almost getting T-boned. It’s at the dealers right now. Our Nissan NA Regional Consumer Specialist stated today he had never heard of the problem before but the dealer said they are very aware. This car is unsafe.

  9. Jared gowan says:

    Yeah , I had the same problem with my 2013 pathfinder. My newborn daughter and 2 year old son were both riding along with me in the pathfinder when the transmission went wild and honestly we were fortunate not to get in an accident that day. It makes me very angry to think about what could have possibly been the outcome on that day!

  10. sabrina says:

    I have experienced this same problem and would like more information. I had a 2013 which would shake and the problems that they originally claimed were not transmission and then after giving me a 2014 found out it was transmission problems the whole time. Now we are beginning to have same problems with new model

    1. Brown says:

      I fought with the Northeast rep, I bought the 2013 Pathfinder back after 200 miles they claimed it was the CVT (new program) my A/C never works the light for the airbags keeps coming on while a person sits in it the TVs in the headrest do not stay fixed. They still have not taken responsibility! it will be 2 years in August since I purchased the Pathfinder.

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