Nissan Seeks Dismissal of Shattering Sunroof Class Action Lawsuit

Nissan is seeking to avoid a product defect class action lawsuit brought by three plaintiffs seeking compensation for shattering sunroofs. The company filed a motion to dismiss the class action last week in a San Francisco federal court.

Nissan seeks to extinguish or at least pare away claims brought by three consumers who say the company installed dangerously defective sunroofs in some of its late-model vehicles, then failed to honor its own warranty when those sunroofs spontaneously shattered.

Plaintiff Sherida Johnson of California was the first to file this Nissan sunroof class action lawsuit. Johnson says that after extensive car-shopping and related research, she purchased a used 2016 Nissan Maxima equipped with a panoramic sunroof and still under warranty.

In October 2016, Johnson says, the sunroof spontaneously shattered while she was driving at interstate speed. A local Nissan dealer allegedly told her the damage was not covered under the manufacturer’s warranty. Johnson was later joined in this Nissan class action lawsuit by plaintiffs Harry Gunsenhouser and Subrina Seenarain.

Gunsenhouser, a New Jersey resident, leased a 2015 Nissan Rogue in August of that year. Gunsenhouser says the vehicle’s panoramic sunroof burst in June 2016 as his wife was driving the vehicle onto the highway. Seenarain, of New York, reports a similar experience with her 2014 Maxima, whose sunroof shattered as she was driving on a parkway.

As in Johnson’s case, both Gunsenhouser and Seenarain were reportedly told their shattered sunroofs were not covered by Nissan’s warranty. All three plaintiffs allegedly had to pay out-of-pocket for repairs, after insurance coverage.

The plaintiffs fault this breakage on the design of these Nissan sunroofs. While other manufacturers have used laminated glass in their roofs, Nissan allegedly uses tempered glass. The outer edge of these sunroofs is then lined with a ceramic-based paint, which the plaintiffs say weakens the glass and makes it more likely to shatter.

But Nissan argues that as a matter of law, the alleged design flaw in these Nissan sunroofs isn’t covered by the company’s “materials and workmanship” warranty. On top of that, Nissan claims, its warranty specifically excludes coverage for “glass breakage.”

Nissan says the three plaintiffs’ implied warranty claims also fail, but for different reasons. The company says it has no implied warranty obligation to Johnson, who bought her Nissan vehicle used. Seenarain’s claim fails for lack of privity, and Gunsenhouser fails to allege the defect made his vehicle unmerchantable, according to Nissan.

The company also argues the plaintiffs’ fraud-based claims fail for lack of specific allegations. The company says the plaintiffs don’t identify any specific misrepresentations made by Nissan on which they relied. In particular, Johnson says she had no direct contact with Nissan, the company points out.

Nissan also challenges the plaintiffs’ effort to represent a nationwide plaintiff Class, arguing that at best they could only represent Class Members from their three home states.

The plaintiffs are represented by attorneys Gregory F. Coleman, Adam A. Edwards, Mark E. Silvey and Lisa A. White of Greg Coleman Law PC, and by Mitchell M. Breit, Crystal Foley and Paul J. Hanly Jr. of Simmons Hanly Conroy LLC.

The Nissan Sunroof Defect Class Action Lawsuit is Sherida Johnson, et al. v. Nissan North America Inc. and Nissan Motor Co. Ltd., Case No. 3:17-cv-00517, in the U.S. District Court for the Northern District of California.

UPDATE: On May 17, 2018, a federal judge denied Nissan’s bid to dismiss a class action lawsuit against them alleging that the automaker sold vehicles with defective sunroofs.

UPDATE 2: On Jan. 14, 2019, Nissan agreed to mediate a Nissan sunroof class action lawsuit with a consumer alleging that the glass feature can shatter without warning.