Nissan Radiator Defect Class Action Settlement Reached
By Kimberly Mirando
Nissan North America has reached a class action lawsuit settlement that will resolve claims the company produced vehicles with defective radiators and concealed this defect from consumers. If approved, the proposed Nissan radiator settlement will pay the repair costs for potentially tens of thousands of Nissan Pathfinder, Xterra and Frontier vehicles.
Nissan Pathfinder owner William Szymczak filed the Nissan radiator class action lawsuit in 2010, alleging the vehicles leaked coolant into the transmissions, causing damage and making the vehicles unreasonably dangerous. Szymczak accused Nissan of failing to issue a recall and failing to offer to repair the alleged defect for free or to reimburse Nissan owners for repair costs, despite the company’s knowledge of the radiator defect.
Under the proposed Nissan radiator class action settlement, Nissan will fully reimburse all current and former owners or lessees of a 2005-2010 Nissan Pathfinder, Xterra or Frontier vehicle that paid to fix the radiator or other damages caused by the defect within eight years or 80,000 miles.
Nissan also agreed to pay for future repairs caused by the radiator defect and partially reimburse prior repair costs up to a maximum of 10 years or 100,000 miles. Owners who had the repairs done before nine years or 90,000 miles can receive relief after paying a $2,500 deductible, while reimbursement for repairs done between then and 10 years or 10,000 miles can come after a $3,000 co-payment. This is still a significant savings for Class Members because repair costs caused by the radiator defect can cost $5,000 or more, according to the motion for preliminary approval of the Nissan settlement.
“The use of deductibles effectively caps any class member’s out-of-pocket expense for repairs and relieves the class members of the burden of shopping for the least costly repair,” the motion said. “While the acceptance of the deductibles covers some but not all of the cost of a repair, such a compromise is reasonable since the strength of any class member’s claim is reduced the more trouble-free miles the vehicle has been driven prior to the defect manifesting.”
The Nissan Radiator Defect Class Action Lawsuit Settlement case is In re: Nissan Radiator/Transmission Cooler Litigation, Case No. 10-cv-07493, U.S. District Court for the Southern District of New York.
The Plaintiffs are represented by Gary S. Graifman and Michael L. Braunstein of Kantrowitz Goldhamer & Graifman PC; Howard T. Longman and Mark Levine of Stull, Stull & Brody; Matthew Mendelsohn and David A. Mazie of Mazie Slater Katz & Freeman LLC; Alan Harris and Abigail Treanor of Harris & Ruble; and Jason P. Scofield and Danny M. Sheena of The Sheena Law Firm.
Updated January 10th, 2013
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