Consumer Protection Class Action Lawsuit Dropped Against Nissan

A consumer protection class action lawsuit accusing Nissan of knowingly selling vehicles with panoramic sunroofs that can spontaneously shatter was tossed out of court Monday, May 9, by a Washington federal judge.

Filed May 25, 2016, Lohr v. Nissan North America alleged that Nissan manufactured 2009 models of the Rogue, Maxima, Murano, Juke, Sentra, Pathfinder and Altima with thinner glass in the sunroofs to save weight and improve fuel efficiency, according to court documents. Court documents allege that Nissan knew of the danger created by shattering sunroofs. It introduced the “Skyview” sunroof in 2002 and recalled 2004 Maxima models for shattering glass in the “Skyview.”

Court documents reveal that the National Highway Traffic Safety Administration requested information from Nissan about shattering sunroofs in model years 2006 to 2016. Drivers reported problems with sunroofs in 2008 and 2009.

The lawsuit alleges that Nissan concealed information about the risks of the sunroof shattering from the plaintiff, Tamara Lohr who purchased a 2015 Rogue with a panoramic sunroof in Washington State.  The sunroof was a luxury upgrade for which Lohr paid a premium and a feature that influenced her decision.

On Monday, Judge Ricardo S. Martinez ruled that Lohr and the other plaintiffs “fail to make a sufficient showing that Nissan knew of the defect prior to the leasing and sale” of vehicles. The plaintiffs failed to provide sufficient evidence “to support their claim of an unfair or deceptive act by demonstrating that Nissan knew of and failed to disclose a potential defect in their panoramic sunroofs.” Additionally, court documents state that evidence of injury was not submitted, such as medical bills or repair expenses, or plaintiffs were fully compensated for repairs.

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