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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
The day I test drove my Nissan and started to accelerate I noticed a weirdness, kind of like a heart skipping a couple of beats, it didn’t die but I was concerned. The salesperson, that was in the vehicle, told my husband and I that the vehicle had a different type of transmission, a CVT, and that we will get used to the “weirdness” since it’s just unfamiliar to us….some bs right there!!
It seems that many are posting about the transmission problem, and that many are asking to be a part of a lawsuit.
After cruising the web, I can’t help but wonder if I (we) missed out as there are so many cases that seem to be settled.
Who moderates this site? Does anyone get their questions answered?
I would like to be a part of this since I just paid 4000 dollars for a new transmission.
Just paid $2000.00 for transfer case and still having jerking problems 2months later
Just spent 4000 on a new transmission that Nissan would not help me with at all. Will never purchase another Nissan. Car had a 119,000 miles on it. They would not even give me a loner to get to work and this is from someone who has spent over 90 grand on Nissan’s since 2000. Had to get a rental car to get to work felt violated by this company.
who is the settlement administrater?
Ijust bought a used 2013 Nissan Pathfinder and the 1st thing I noticed was a shuttering in transmission. I took it to Mossy Nissan where I bought it and they checked it out and said it was good..But reading all these problems in Nissan transmissions here I don’t think its good..If repairing the transmission doesn’t fix it then they should sell a new car with no transmission problems at a much discounted rate.
I would be very careful! Before I went on a trip i took my nissan in for the same problem they told me nothing was wrong. On the way to my destination i could not accelerate on a main highway between to semi trucks with my children in the car. I was TERRIFIED.
I have 2014 pathfinder and about a couple months ago we noticed it having a “shudder” when trying to turn between 15-30 mph. We received something in the mail about the class action law suit and would like to join this to have the transmission fixed or replaced.
We bought a brand new 2014 pathfinder in 2013 we now have had the transmission replaced 4 times.it did jercking so bad,wouldnt acclerate,but never did any check engine light come on,it got so bad my husband was the only person who could drive it without it running off the road.The last time this happened we had our 3 kids in the backseat,car would not go forward or backwards..our dealership said their was a recall on the transmission and gave the 4 replacement to us for free..now white smoke is coming from our car,was not happening before transmission went out..won’t even look at it.smoke started the day we got the car from the transmission replaced 4 time…and they are saying its the engine??????Help us please!!!we have made countless talks to several people at Nissan, but we get the same run around ,nothing we can do, out of warranty,but they sold us a vehicle that has qio?
I took my 2013 Pathfinder in to find out why it would not down shift or accelerate while I was trying to enter the freeway. I was called after the dealer inspected my vehicle and was told it needed a new transmission. My vehicle had 90962K miles and was beyond the warranty period. The cost to me was $7,785.23 and I am very interested in joining this lawsuit to try and recover this cost. I have all the paperwork and documentation for the replacement of my transmission.
I have just had my transmission fail on my 2014 Hybrid Pathfinder. I have 41k miles on it, and it just blew. What is the likelihood of joining the class action?
Hi I will like to be part of this lawsuit I have also had same problems with my 2013 Pathfinder recently it stopped in the middle of an intersection and it would not accelerate I was so scare someone was going to hit me I had both of my kids with me..I called Nissan they said it was the transmission they ask me to take it in and will charge over $300 to repair it I dont think this I should pay for it specially because I took it in when it was jerking after accelerating from 15 to 30 miles at that time they told me it onlu the computer and keep doing it after they said they fix it.