— A Nissan AEB (automatic emergency braking) malfunction class action lawsuit will continue after the federal judge ruled against most of Nissan's motion to dismiss the complaint.
Nissan's automatic emergency braking system is supposed to warn a driver of an imminent frontal impact, but if the driver ignores the warnings the vehicle should automatically brake. This is meant to decrease the crash impact or possible stop the vehicle before a crash occurs.
However, the Nissan AEB malfunction lawsuit alleges the systems, which use radar to detect pedestrians or objects, have defects that cause more harm than good. The class action includes all 2017-2019 Nissan vehicles equipped with AEB systems.
Nissan AEB Malfunctions Cause Complaints and Crashes
The Nissan AEB systems allegedly detect non-existent obstacles, causing the vehicles to slow down or come to complete stops for imaginary frontal objects. Drivers are caught off-guard by the sudden and automatic actions that have caused 14 crashes and five injuries in Nissan Rogues.
In addition, about 1,400 complaints have been filed about AEB malfunctions, and those complaints concern only Rogues, not any other Nissan models.
The plaintiff also alleges dealerships were issued technical service bulletins concerning AEB malfunctions in the 2017-2018 Rogue, Rogue Sport and Rogue Hybrid. This, according to the lawsuit, proves Nissan knows about the problems with the automatic emergency braking systems.
According to the plaintiff, the AEB malfunctions are especially dangerous when the vehicles suddenly brake in parking garages, while traveling through intersections and over railroad tracks and bridges.
Connecticut plaintiff Lakeita Kemp owns a 2019 Nissan Altima which allegedly had AEB malfunctions just weeks after she purchased the vehicle.
Kemp alleges Nissan has ignored customers when drivers complain about AEB malfunctions, allegedly typically refusing to repair the vehicles.
Judge William L. Campbell, Jr. did drop an express warranty claim against Nissan Motor Company, but the remaining claims against Nissan North America will continue.
The Nissan AEB malfunction lawsuit was filed in the U.S. District Court for the Middle District of Tennessee - Kemp, et al., v. Nissan North America, Inc., et al.
The plaintiff is represented by Branstetter, Stranch & Jennings, and Cohen & Malad.