In re Nissan Radiator/Transmission Oil Cooler Litigation
Jan 01, 2013OUTCOME: $20M+ Settlement
In 2010, Mr. Mendelsohn and Mazie Slater Katz & Freeman, LLC, filed a nationwide class action lawsuit against Nissan relating to alleged defects in Nissan Pathfinder, Nissan Xterra and Nissan Frontier ... vehicles. Due to the alleged defects in these vehicles’ radiators, the interior components of the radiators (internal transmission oil coolers) break down allowing coolant to mix with the transmission fluid. As a result of the contamination, the transmission and other drivetrain components are damaged and may require replacement. After our lawsuit was filed, Nissan “voluntarily” extended the warranty on the radiator assembly to 80,000 miles, although the extension did not specify whether consequential damage to the transmission is also covered. After continued litigation, Nissan agreed to a settlement that extends this warranty even further subject to certain conditions. As a result of the settlement, the following warranty coverage will now apply: Up to 8 years/80,000 miles, whichever comes first, extended warranty coverage applies with no customer co-pay. After 8 years/80,000 miles, whichever comes first, up to 9 years/90,000 miles, whichever comes first, extended warranty coverage applies with customer co-pay in the amount of $2,500. After 9 years/90,000 miles, whichever comes first, up to 10 years/100,000 miles, whichever comes first, extended warranty coverage applies with customer co-pay in the amount of $3,000. This extension of the warranty on the radiator assembly will cover damage caused to other affected components, including the vehicle transmission, as a result of an internal leakage condition in the radiator assembly. However, existing powertrain coverage applicable to the transmission (5 years/60,000 miles) otherwise remains unchanged.
