Class Action Claims 2016-2019 Nissan Titan Models with Cummins 5.0L Diesel Engine Plagued by Exhaust System Defects
Losapio v. Nissan North America, Inc.
Filed: February 3, 2022 ◆§ 3:22-cv-00072
A proposed class action alleges 2016-2019 model year Nissan Titan pickup trucks equipped with a Cummins 5.0-liter diesel engine are plagued by two dangerous defects.
Tennessee
A proposed class action alleges 2016-2019 model year Nissan Titan pickup trucks equipped with a Cummins 5.0-liter diesel engine are plagued by two dangerous defects, including one that could allow exhaust fumes to enter into the passenger cabin.
The 34-page lawsuit says one defect in the Nissan Titan models at issue concerns the automaker’s placement of the diesel exhaust fluid filler tube directly next to a vehicle’s fuel filler tube. According to the suit, the “misplacement” of the two filler tubes so close to one another can cause a driver or other individual to inadvertently contaminate a vehicle’s fuel system with diesel exhaust fluid, causing irreparable engine damage necessitating thousands in repairs.
The complaint also alleges the Nissan Titan models suffer from a defective exhaust and/or HVAC system that can allow diesel exhaust fumes to leak into the passenger cabin.
As the lawsuit tells it, drivers nationwide have complained to defendant Nissan North America about the diesel exhaust fluid filling system problems and diesel fume issues yet the automaker has failed to recall the vehicles or address the apparent defects. Overall, the Nissan Titan trucks at issue are unsafe for their intended purpose, the case charges.
The plaintiffs, two Texas residents, claim that their 2017 Nissan Titan suffered permanent engine damage, supposedly requiring more than $23,000 in repairs, after the diesel exhaust fluid was refilled at a dealership. Per the case, the truck’s fuel tank sensor failed to detect the presence of diesel exhaust fuel, and a warning light did not appear until five months later, after the fluid had begun to crystallize and caused irreparable damage.
To meet current federal emissions standards, Nissan’s Titan trucks with a Cummins 5.0L diesel engine utilize a system that injects diesel exhaust fluid into a vehicle’s exhaust stream, the case says. Diesel exhaust fluid is a mix of de-ionized water and urea, which reacts with the hot exhaust gases to cut nitrogen oxide emissions, according to the suit. The complaint stresses, however, that diesel exhaust fluid should never be mixed with diesel fuel because the contamination could permanently damage an engine’s fuel system.
The case says that unlike other vehicles, the Nissan Titan’s diesel exhaust fluid filler tube is located mere inches from its fuel filler tube, and under the same door on the outside of the vehicle’s body. Although the mouth of each tube is a different size, the larger size of the fuel filler mouth does not prevent a consumer from inadvertently adding diesel exhaust fluid into the fuel tank, the lawsuit argues.
The suit alleges that Nissan’s “flawed design” of its diesel exhaust fluid and fuel filler system increases the likelihood that a consumer will mistakenly add the former into their vehicle’s fuel tank. According to the lawsuit, this particular defect poses a substantial safety concern in that it can cause engine failure that “cannot be reasonably anticipated or predicted while the vehicle is in operation.”
Despite an apparent mountain of complaints from drivers about the diesel exhaust fluid filler tube placement issue, Nissan has “refused to provide a remedy, even when consumers have sought warranty repairs,” the case alleges.
With regard to the alleged diesel exhaust fumes issue, the complaint alleges Nissan has issued at least one technical service bulletin over the problem, in February 2018, yet failed to ensure that the purported fix was applied to all affected Titan pickups. According to the suit, Nissan has known of the presence of diesel exhaust fumes in the passenger compartments of certain Titan models since at least 2017 yet failed to disclose the issue to buyers and lessees.
The lawsuit looks to represent all current and former owners and lessees of 2016-2019 Nissan Titan vehicles equipped with a Cummins 5.0-liter diesel engine who purchased or leased the truck in the United States or its territories.
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