— A Nissan Titan diesel class action lawsuit is still making its way through the legal jungle as a motion to dismiss filed by Nissan asserts the plaintiffs failed in their claims.
The Nissan Titan diesel truck lawsuit alleges 2016-2019 Nissan Titan diesel trucks are defective in two ways.
The trucks, equipped with 5-litter Cummins engines, are allegedly defective due to the location of the diesel exhaust fluid filler tubes.
The fuel systems are destroyed when Titan truck owners remove the wrong caps and use the wrong filler tubes which mixes diesel exhaust fluid to the diesel fuel tank. However, the lawsuit says this is Nissan's fault.
In addition, the 2016-2019 Nissan Titan diesel trucks allegedly have defects that cause exhaust fumes to enter the cabins.
According to the Nissan Titan class action, the truck systems inject diesel exhaust fluid into the stream of the diesel exhaust.
As seen in the above photo, there are two filler neck caps.
One cap is marked "Diesel" and colored green specifically for diesel fuel. The other filler cap says "Diesel Exhaust Fluid" and is a blue color.
The diesel exhaust fluid should never be mixed with diesel fuel because it will damage the diesel fuel system which Nissan says will require complete replacement of the diesel fuel system.
Owners sued Nissan because truck owners make mistakes by using the wrong caps and filler necks which mixes diesel fuel with exhaust fluid.
Although Nissan Titan owners should never make those mistakes, the automaker sent dealers technical service bulletin (TSB) NTB16-125a because owners were doing just that.
The TSB warned dealers what symptoms to watch for and the diagnostic trouble codes involved. The TSB also warned dealers about the resulting damage caused by an owner adding diesel exhaust fluid to diesel fuel.
The bulletin further informed Nissan dealers the damage was not covered by any warranties because it was clearly the fault of customers.
"IMPORTANT: Damage to the diesel fuel system due to DEF [diesel exhaust fluid] contamination is not covered by the Nissan New Vehicle Warranty and will be the responsibility of the vehicle owner. Vehicle owners must be extremely careful to put the appropriate fluid/fuel into the appropriate tank." — TSB NTB16-125a
The Titan diesel class action lawsuit alleges truck owners were ripped off by overpaying for their trucks because Nissan misplaced the diesel filler necks and the trucks now have diminished values.
The plaintiffs also contend they had to pay their own money to replace the fuel systems and this would not have occurred if the Titan trucks were not defective.
Nissan Titan Diesel Exhaust Fumes
In addition to the alleged fuel filler cap defects, the class action lawsuit also asserts defects cause exhaust fumes to enter the cabins of the trucks.
A plaintiff says the dealer couldn't find anything wrong with the truck even though Nissan had issued TSB NTB16-056b titled, "2016-2018 TITAN XD; EXHAUST SMELL INSIDE VEHICLE WHEN HVAC IS ON FRESH AIR."
Nissan says the bulletin involved Titan diesel trucks, but only in certain conditions that caused exhaust fumes.
According to the TSB, diesel exhaust fumes can enter the cabin but only while the truck is stopped and the HVAC system is ON with the mode set to fresh air.
Nissan Argues Titan Diesel Lawsuit Should Be Tossed
In a motion to dismiss the class action lawsuit, Nissan argues it's not at fault when owners accidentally mix diesel exhaust fluid with diesel fuel.
The plaintiffs assert Nissan should pay for everything under the warranties, but Nissan says the warranties cover defects in materials and workmanship only, but not design defects. Nissan told the judge it's obvious the plaintiffs refer to a design defect.
"Plaintiffs’ allegation that the Diesel Exhaust Fluid (DEF) filler tube is too near the diesel fuel filler tube (the so-called “DEF Filler Defect”) is clearly a complaint about vehicle design that is not covered." — Nissan's motion to dismiss
Nissan also points to how the plaintiffs admit the filler neck caps are different colors and the caps are different sizes, yet owners still make expensive mistakes by using the wrong filler necks. Nissan further notes the diesel filler necks have differently sized filler openings, but owners still unintentionally ruin the fuel systems.
Nissan also attacks the arguments about an alleged problem with exhaust fumes in the cabins. In its motion to dismiss, Nissan argues the "allegations are extremely vague" as the plaintiffs "merely allege that diesel exhaust fumes may enter the passenger cabin."
Nissan contends the Titan class action lawsuit allegedly fails to allege what causes the so-called exhaust fume "defect."
Nissan's motion also asserts implied and express warranty claims are time-barred because they were not brought within four years after the Titan trucks were delivered. Additionally, Nissan argues other claims fail because the plaintiffs don't allege their Titan diesel trucks were unfit for their ordinary purpose.
The Nissan Titan diesel class action lawsuit was filed in the U.S. District Court for the Middle District of Tennessee (Nashville Division): Losapio, et al., vs. Nissan North America, Inc.
The plaintiffs are represented by Wampler, Carroll, Wilson & Sanderson, P.C., and McGuire Law, P.C.