MIAMI--(BUSINESS WIRE)--Weil Quaranta McGovern, a law firm with offices in Miami and Los Angeles, has filed a federal class action lawsuit in South Florida against Nissan North America alleging failure to warn consumers about dangerously defective transmissions in 2013-2014 Pathfinder vehicles.
Nissan continues to sell and lease the Pathfinder despite its awareness of the defect and the danger it poses to consumers and other drivers
The suit alleges that, on acceleration from 15 to 30 mph, the vehicles are subjected to unexpected shaking and violent jerking ( juddering or shuddering ), preventing the vehicles from accelerating.
The suit states: This transmission defect creates an unreasonably dangerous situation and increases 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.
Ronald P. Weil, partner at Weil Quaranta McGovern s Miami office, says this defect potentially affects tens of thousands of consumers not only in Florida and California, but throughout the country.
Nissan continues to sell and lease the Pathfinder despite its awareness of the defect and the danger it poses to consumers and other drivers, Mr. Weil says.
Says Mary Olszewska of Weil Quaranta s Los Angeles office: This poses a potentially serious problem at any time, particularly when a car is merging onto high-speed traffic on a freeway.
The suit alleges that Nissan concealed and knowingly sold and leased vehicles with the dangerously defective transmissions, and through its dealers failed to honor express and implied warranties to repair and replace the dangerously defective transmissions. Instead, the 77-page lawsuit claims, consumers complaints were delayed, deflected, and ultimately denied.
The Consumer Class Action Complaint seeks damages in excess of $5 million, injunctive and declaratory relief, and punitive damages for claims of breach of express and implied warranties, violations of the Magnuson-Moss Warranty Act, and violations of the Florida Deceptive and Unfair Trade Practices Act.
The action, filed Dec. 15, 2014, is styled Batista vs. Nissan North America, Inc., no. 1: 14-cv-24728-RNS, filed in the U.S. District Court for the Southern District of Florida.
Mr. Weil and Ms. Olszewska of the Miami and Los Angeles law firm of Weil Quaranta McGovern PA, Richard C. Newsome and Will Ourand of Newsome Melton LLP in Orlando, Florida, and F. Jerome Tapley, Ryan Lutz, and Adam W. Pittman of Cory Watson, P.C. in Birmingham, Alabama, filed the suit.
Cory Watson represented customers in a class action settlement with Nissan North America, tentatively approved in Northern California federal court Dec. 24. Nissan has agreed to reimburse current or former owners of 350,000 Nissan vehicles nationwide over an electrical component defect that caused brakes to fail without warning.
In March 2014, Nissan announced the recall of more than 1 million vehicles including 2013-14 Pathfinders after learning their airbags may fail to inflate in a crash.
Please call 305-372-5352 for more information on whether you may be eligible for compensation for your 2013-2014 Nissan Pathfinder.
About Weil Quaranta McGovern, PA:
Weil Quaranta McGovern, PA has been successfully obtaining verdicts and settlements for their clients for over 30 years. Known for strategic high stakes litigation, they obtain results through calculated commercial advice, landmark trial victories, and superior settlements that illustrate their judgment, strength, and commitment to the end game. The firm has offices in Miami, Florida and Los Angeles, CA. Landmark cases have been won in sexual abuse, business torts, class actions, employment litigation and construction litigation. www.wqmlaw.net.
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