A California federal judge has certified three classes of Nissan drivers, including a separate Washington state class, within a defect suit over timing-chain tensioning systems that allegedly lead to total engine failure. U.S. District Judge Dean D. Pregerson said a class action is the best way to resolve damages and the related safety issue. The judge signed off on a California and Washington class of drivers consisting of those who have already incurred costs over the defect and another class made of up Nissan owners and lessees in California who have yet to pay for repairs. Judge Pregerson found that the groups had common claims, proof and damages stemming from the timing chain issue that would best be resolved through class-wide litigation. The judge wrote:

The actual proof of common defect, or defendants’ knowledge and subsequent actions, go to the merits of the claim, but common evidence will be used to prove the claim either way. Further, the evidence cited by plaintiffs in their moving papers is sufficient at this stage of the case to make out allegations common among the class as to the alleged vehicle defects, the effects the alleged defects could have on the vehicle in terms of safety, and Nissan’s knowledge of the defect.

The case, filed in 2012 by 2005 Nissan Pathfinder owner Kobe Falco as the named Plaintiff against Nissan and its parent Nissan Motor Co., involved claims that 2004 to 2009 Quests and 2005 to 2007 Pathfinders, Xterras and Frontiers were made with timing chain systems prone to premature failure. Falco also claimed that Nissan was well aware of the alleged defect. It’s contended that even before the vehicles were made, the supplier of the parts had told the automaker the system was prone to breaking down.

Source: Law360.com

We're here to help!

We live by our creed of “helping those who need it most” and have helped thousands of clients get the justice they desperately needed and deserved. If you feel you have a case or just have questions please contact us for a free consultation. There is no risk and no fees unless we win for you.

Fields marked * may be required for submission.

Wonderful to work with

Beasley Allen did a great job with my case. They were wonderful to work with. They were available by phone when I needed them, treated me with the utmost respect and worked hard on my behalf. If a need arises in the future, I would definitely call on them again.

—Geraldine