LOS ANGELES (Legal Newsline) – A second class action from the law firm Baron & Budd against Nissan over its timing chain tensioning system aims to include a nationwide group of consumers.
Kathy Shaw and Hartwell Steele filed a complaint June 17 in U.S. District Court for the Central District
of California on behalf of other members of the public similarly situated against
Nissan North America Inc. and Nissan Jidosha Kabushiki Kaisha, doing business
as Nissan Motor Co. LTD.
in our complaint experienced problems with their timing chain tensioning
systems," attorney for the plaintiffs, Roland Tellis of Baron & Budd in Encino, California, told Legal Newsline.
"One of the clients lost total engine power while driving on the
He reported both of them had to pay repair costs.
Tellis said this is not the first
class-action case against Nissan for defective timing belt systems.
“We filed a related
case on behalf of California consumers a couple of years ago, known as Falco et
al. v. Nissan. The court granted our motion for class certification on
all our claims and we’re hopeful the case will be set for trial soon," he said.
then filed the Shaw case on behalf of a nationwide class of consumers."
said the plaintiffs contend Nissan was well aware of the timing chain defect. He
said his clients allege Nissan had regular discussions, internally and with
its third-party supplier, about the defect and the need to implement
that, while Nissan bickered internally over who would pay for the
countermeasures, they concealed the defect from consumers and continued to sell
the affected vehicles," Tellis said.
"Ultimately, [Nissan] redesigned the defective parts and
installed them in the newer vehicles, but, rather than recall the affected
cars, Nissan preferred to let warranties expire. In doing so, Nissan
managed to secretly and unlawfully transfer the cost of repair to unsuspecting
The models of vehicles plaintiffs claim
are affected include the
2004 to 2008 Maxima, 2004 to 2009 Quest, 2004 to 2006 Altima, 2005 to 2007
Pathfinder, 2005 to 2007 Xterra and 2005 to 2007 Frontier.
The plaintiffs seek compensatory damages,
treble damages and a trial by jury.
Nissan told Legal Newsline it does not comment on active litigation and cannot speculate on any future actions.