— A model year 2009 Nissan Murano soft brake pedal lawsuit has been dismissed after the plaintiff failed to adequately plead that Nissan concealed problems with the antilock braking system (ABS) control modules.
The plaintiff says he purchased a 2009 Nissan Murano in 2011 from a Missouri Nissan dealership.
In May 2017, the National Highway Traffic Safety Administration (NHTSA) opened an investigation into possible soft brake pedal problems, and Nissan admitted there were problems with the ABS control modules.
In November 2017, the plaintiff's Murano experienced a soft brake pedal problem and he took the vehicle to a dealership which couldn't replicate the problem. The plaintiff also alleges technicians told him they didn't know of any problems with the Murano braking systems.
Then in March 2018, Nissan issued a service campaign for 2009 Nissan Murano ABS actuator soft brake pedal problems in 93,000 SUVs, and the following month NHTSA upgraded its Murano brake investigation.
According to the class action lawsuit, the plaintiff's Murano had another soft brake pedal issue, and this time the dealership flushed the brake fluid and inspected the ABS actuator. However, the dealer allegedly wouldn't replace the actuator unless the plaintiff paid for repairs.
A month later Nissan issued a formal recall and notified Murano owners about testing the ABS hydraulic control units to look for stuck valves. Nissan replaced the plaintiff's ABS control module in June 2019.
Three months later the plaintiff filed the Murano soft brake pedal class action lawsuit which alleges Nissan knew about problems with soft brake pedals in 2010 but took no action on the matter.
The plaintiff also argues Nissan hasn't taken the problems seriously and everything the automaker has done hasn't been adequate to fix problems with soft brake pedals.
In its motion to dismiss the lawsuit, Nissan argues its actions have fixed the problems and there is no evidence to suggest the automaker knew about the problems in 2010. Nissan told the judge the plaintiff shouldn't have sued about wanting a new ABS control module in his Murano because the module had already been replaced.
Nissan also says the plaintiff cannot show any risk of future harm because Nissan has already replaced his ABS control module, and the judge agreed the plaintiff lacks standing to seek injunctive relief of a new ABS unit.
As for Nissan allegedly knowing about soft brake pedal problems in 2010 but concealing knowledge of it, the judge ruled the lawsuit fails to state a claim for fraudulent concealment.
The judge ruled the claim that Nissan knew in 2010 "does not appear to be based on any facts, or any facts from which such a conclusion could be inferred. It appears the earliest date one can infer that Nissan had knowledge of the defect is 2017."
Judge Greg Kays also dismissed the claim of allegedly violating the Missouri Merchandising Practices Act by ruling the plaintiff "presents no evidence Nissan had this information prior to the 2017 investigation."
And finally, the judge dismissed a claim of unjust enrichment because when the plaintiff made his Murano purchase in 2011, "there were no circumstances indicating that the sale of the vehicle was unequitable or unjust."
The Nissan Murano soft brake pedal lawsuit was filed in the U.S. District Court for the Western District of Missouri: Ellis, et al., v. Nissan North America Inc., et al.