Nissan Faces Pathfinder Transmission Defect Class Action Lawsuit

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Nissan 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.