News

Jun 18, 2023

Class Action Says 2021

by Corrado Rizzi Filed: April 21, 2023 ◆§ 3:23-cv-00394 A class action

by Corrado Rizzi

Filed: April 21, 2023 ◆§ 3:23-cv-00394

A class action alleges a defect plaguing 2021-2023 Nissan Rogues with direct injection gasoline engines can cause fuel to contaminate the engine oil.

Nissan North America, Inc.

Magnuson-Moss Warranty Act New Jersey Consumer Fraud Act

Tennessee

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A proposed class action alleges a defect plaguing 2021-2023 model year Nissan Rogues with direct injection gasoline (DIG) engines can cause fuel to contaminate the engine oil.

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The 56-page complaint says the engine oil contamination defect can result in oil dilution, decreased oil viscosity, premature wear and ultimately engine failure, among other serious and costly problems. These issues can also cause "strong, overbearing" gasoline smells and vapors to enter the vehicle while it's being driven, the filing states.

Crucially, when engine oil loses its viscosity, it becomes less lubricating and less capable of withstanding the rigors of an internal combustion engine, the case emphasizes.

"This can result in contact between metal surfaces within the engine, leading to rapid wear of internal bearings, the rotating assembly and other internal parts that rely on lubrication to function correctly," the suit states.

According to the lawsuit, Nissan has not only actively concealed the DIG engine oil contamination defect—and how expensive it is to fix—but withheld from drivers that the problem would diminish the intrinsic and resale value of their vehicles.

"Nissan has long been aware of the Engine Defect, but despite that longstanding knowledge, it has failed to adequately repair the Class Vehicles when the Engine Defect manifests," the lawsuit reads.

The case pins blame for the defect on the fuel delivery method in 2021-2023 Nissan Rogues with a DIG engine, whereby fuel is injected at very high pressure directly into the combustion chamber, rather than through the intake manifold, which leaves some fuel in the chamber unburned. An unburned mixture of air and gasoline is then pulled down by the engine piston and directed into the vehicle's crankcase, the protective cover that insulates the crankshaft, the filing says.

"This is commonly referred to as ‘blow-by’ and it is undesirable because the unburned gasoline in the mixture enters the engine's crankcase and can significantly contaminate the engine oil contained in the oil pan," the complaint relays.

To combat this and improve vehicle emissions, automakers have for years utilized a positive crankshaft ventilation (PCV) system, which is supposed to recycle unwanted gases through a valve and circulate them back into the intake manifold, pumping them back into the combustion chamber for another chance to be burned, the lawsuit explains.

However, in 2021-2023 Rogue models, the PCV system is "simply inadequate to prevent and address fuel contamination of the crankcase," namely due to the sheer volume of unburned fuel contamination, the suit claims.

Drivers who have brought their Nissan Rogues to authorized dealers for service, including those whose vehicles are under warranty, have been told that they are not driving their cars for long-enough distances, the case claims. Others have received the admission that Nissan is incapable of fixing the problem, the lawsuit alleges.

To date, Nissan has not recalled impacted Rogue models, offered drivers suitable repairs or replacements free of charge, or offered to reimburse consumers for out-of-pocket repair expenses, the filing continues.

"Had Plaintiff and other Class members known about the Engine Defect at the time of purchase or lease, they would not have purchased or leased the Class Vehicles, or would have paid substantially less for the Class Vehicles," the suit insists.

The case looks to cover all persons and entities in the United States who are current or former owners and/or lessees of a 2021-2023 Nissan Rogue.

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Camp Lejeune residents now have the opportunity to claim compensation for harm suffered from contaminated water.

Read more here: Camp Lejeune Lawsuit Claims

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Corrado Rizzi is the Senior Managing Editor of ClassAction.org.

ClassAction.org is a group of online professionals (designers, developers and writers) with years of experience in the legal industry.

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