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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.
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81 thoughts onNissan Faces Pathfinder Transmission Defect Class Action Lawsuit
How do I find out if I qualify for reimbursement on my 2014 Pathfinder?
Julua Kennedy-Francis
Do how do those of us not in this lawsuit get ours taken care of. In the shop now for transmission. Just got called they cannot duplicate the problem.
On December 26,2016 I took my 2013 Nissan Pathfinder to the Nissian dealership because it would not accelerate and I almost got hit in the back when pulling out into traffic. They have had my vehicle a week to this date because they said on top of the CVT recall it had three other recalls.I have had my vehicle for 13 months. How can I find out more about the lawsuit
Hi,
My 2014 Nissan Pathfinder is doing the same thing. It stopped in the middle of an intersection and I almost was hit by two vehicles because it would not accelerate. How do we get involved, even if this lawsuit has been settled?
We have had the same problem. Everytime I am driving slow it would shudder like going over rumble strips. Also, my console lost power. I have no control trolls over the radio, backup camera, heat/defrost or air conditioning. I had no idea that this class action was going on, nor was informed of the dangers of thisome problem! I have been driving my babies in this dangerous car for 3 years now and I am furious! My car is currently in the shop and has been there for a week so far. Is the class action still open and how do I join?
Hi I will like to be part of this accion I have a Nissan Pathfinder 2014 with 24,000 miles . I took the vehicle to the dealer and they told me is the transmission!! They also said it is cover under the warranty. I don’t know what to do they don’t have the piece And they don’t know when they will get it , they need to order from Japan. Please let me know what i have to do!!
My Nissan Pathfinder needs a new transmission at 62k miles. This is the vehicle I drive my 6 yr old and 3 yr old around in! We were lost hit two days ago when it stopped functioning properly. I’ve been telling my husband for a year that something is wrong with it because of the shudder and I could feel the transmission slip. We tooK it in then and they did the “update”. Obviously, the update didn’t fix things! It makes my blood absolutely boil to think of my children’s lives being put at risk by a company who clearly knows there’s a problem! I want something done about this. Count me in!
https://topclassactions.com/lawsuit-settlements/lawsuit-news/346757-nissan-agrees-settle-pathfinder-transmission-defect-class-action/ .
If Nissan extends warranty, you will still be covered after 60k miles.
Same answer I got several months ago when mine just stopped and threw me forward. Coasted to dealer scared to death ( thank god I was a few blocks away) next day told I just needed update. Now it won’t excellerate and shutters and told I need a new transmission! I had no idea about this problem!
I to purchased the 2014 pathfinder and has only had it a year and it jerks and shakes when trying to accelerate from a stop or going from 15mph to 35 mph. I thought at first it was something small like maybe needing some new tires of an alignment but as I started doing my research I’ve noticed that many people have had this same problem. I to would like to take part in the class action lawsuit.
This is ridiculous. Nissan sells you faulty vehicles and pretends like the problem doesn’t exist when the vehicle is taken in for service. I had my 2014 Pathfinder for less than a month when I first experienced the shaking. I took it in for service several times and I was told the shaking was normal as the CVT’s drive differently then other transmissions. A 3 year old vehicle shouldn’t experience the issues that this one has had. Nissan is aware, ignores the problems and leave it up to consumers to absorb the cost.
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.