— A Nissan exploding sunroof lawsuit has been certified as a class action, but only for customers in specific states.
The sunroof class action lawsuit alleges the panoramic sunroofs explode because of the way they are designed, which allegedly makes the glass prone to shattering under normal driving conditions.
A Nissan driver and occupants report it sounds like a shotgun when the sunroofs explode, causing serious and dangerous distractions to drivers.
The Nissan customers who sued allege occupants are covered with shards of glass after the sunroofs explode, placing people in even more danger from falling glass.
According to the Nissan class action lawsuit, replacing a sunroof can easily cost $1,000 and Nissan typically refuses to cover the damage and replacement.
The Nissan exploding sunroof class action lawsuit includes these vehicles.
- 2009-2014 and 2016-2020 Nissan Maxima
- 2014-2020 Nissan Rogue
- 2013-2020 Nissan Pathfinder
- 2009-2020 Nissan Murano
- 2013 Infiniti JX35
- 2014-2020 Infiniti QX60
The plaintiffs allege the vehicles can be covered by their warranties but Nissan still refuses to compensate owners for sunroof replacements.
Nissan argues the National Highway Traffic Safety Administration has set regulatory standards that dictate how strong sunroof glass must be and how small the pieces must be when they break. Additionally, the automaker also asserts its panoramic sunroofs are the just like other vehicle sunroofs in the industry.
According to Nissan, there have been multiple NHTSA investigations into tempered sunroof glass and none have found that panoramic sunroofs similar to Nissan’s were dangerous. Nissan also contends only about 0.15% of its sunroofs shatter in all its models.
Nissan also told the judge it's typical for automakers to deny glass breakage claims because glass usually isn't covered by vehicle warranties.
Nissan Exploding Sunroof Class Action Lawsuit Certified
The plaintiffs brought suit against Nissan under California, New York, Colorado, Florida and Illinois law because Nissan allegedly violated consumer protection statutes by failing to disclose the alleged sunroof defect.
And the plaintiffs claim Nissan violated implied warranties of merchantability because the alleged sunroof defect rendered the vehicles unfit for ordinary use.
Judge William H. Orrick partly granted Nissan’s motion for summary judgment to the extent the plaintiffs seek restitution or unjust enrichment for purchases of used cars from anyone other than Nissan.
But according to the judge, "there are genuine disputes of material fact about the existence of this alleged defect, whether it would be material to reasonable consumers, whether they would rely on it if it had been properly disclosed, and the handful of other challenges Nissan makes."
Judge Orrick ruled the motion to certify the exploding sunroof class action lawsuit is granted for California, New York, Colorado and Florida.
However, certification of the Illinois class and the plaintiffs’ untimely request for certification of an injunctive relief class were denied.
The Nissan exploding sunroof lawsuit was filed by these customers.
- Sherida Johnson — California
- Linda Spry — Colorado
- Lisa Sullivan — Florida
- April Ahrens — Illinois
- Chad Loury — California
- Subrina Seenarain — New York
The Nissan exploding sunroof lawsuit was filed in the U.S. District Court for the Northern District of California - Sherida Johnson, et al., v. Nissan North America, Inc.
The plaintiff is represented by Simmons Hanly Conroy LLC, and Greg Coleman Law PC.