Nissan Pathfinder, Infiniti QX60 Vehicles CVT Defect Class Action

Nissan now makes a number of its vehicles with continuously variable transmissions (CVTs), including the 2019-2021 Nissan Pathfinder and Infiniti QX60, but the complaint for this class action alleges that the CVT technology has a delayed response to acceleration, which makes the vehicles “unreliable and unreasonably dangerous to operate. The complaint names as defendants Nissan of North America, Inc. and Nissan Motor Co., Ltd.

The Nationwide Class for this action is all persons or entities who bought or leased any 2019-2021 Nissan Pathfinder or Infiniti QX60. A Massachusetts Subclass has also been defined for those in the above class who bought or leased the vehicle in Massachusetts.

Nissan has put its CVTs into certain of its vehicles since 2003, the complaint alleges, and has repeatedly experienced problems with it. The complaint alleges that the defect causes “a significant delay” when the driver accelerates, either from a stop or while in motion: “This delay in response is often accompanied by the engine revving while the driver depresses the gas pedal with little to no increase in vehicle speed” and sometimes it causes “stalling, jerking, lurching, juddering, and/or shaking” and at times even the failure of the transmission.

The complaint alleges this keeps drivers from being able to accelerate smoothly to merge into traffic flows and puts them at risk of being rear ended or otherwise causing an accident.

Because earlier models have had the same problem, the complaint alleges that Nissan has long been aware of the problem, but it has not recalled the vehicles at issue in this action, nor has it offered owners or lessees a suitable repair or replacement. In fact, the complaint alleges that the Nissan companies “regularly deny the existence of the CVT Defect until after consumers’ New Vehicle Limited Warranty Powertrain Coverage has expired or require payment to repair the CVT Defect even while the Class Vehicles are under warranty.”

The complaint details an extensive history of Nissan Technical Service Bulletins (TSBs) to its dealers about the problem, indicating that Nissan has been aware of the problem for years.

Even servicing the transmission may not end the problem; the complaint quotes a couple of TSBs as saying, “IMPORTANT: Metal debris and friction material may become trapped in the radiator, cooling hoses, bypass valve or external CVT fluid cooler. This debris can contaminate the newly serviced transmission, control valve or torque converter. In severe cases this debris can block or restrict flow and may cause damage to the newly serviced CVT.”

The complaint also reproduces pages of postings from the National Highway Traffic Safety Administration about the 2015-2018 Pathfinder, claiming that they show that “the CVT Defect is a widespread, dangerous and unresolved problem that has continued with Nissan CVT-equipped Pathfinder vehicles through time unabated from one model year to the next.”

Article Type: Lawsuit
Topic: Automobile
Tags: Defective Automobile, Transmission