— A Nissan Rogue class action lawsuit alleges gas smells invade the interior cabins of 2021-2023 Nissan Rogues due to defective positive crankcase ventilation (PCV) systems.
The Nissan class action lawsuit says the Rogue SUVs are equipped with 1.5-liter 3-cylinder variable compression turbocharged (VC-Turbo) engines.
Occupants contend the gas smells make them sick when fuel seeps through rubber components.
Nissan Rogue owners further claim dealers don't do anything about gas odor complaints, but technicians allegedly admit there are problems.
Even the clothing of occupants supposedly smells like gas just from riding in a Rogue, and the odors are apparently really horrible once the Nissan Rogues are shut down and parked.
The class action lawsuit also alleges the gas smells have caused the Nissan Rogues to suffer diminished values.
And the class action alleges the Rogue warranty is useless because Nissan dealers cannot fix the gas smell problems.
Nissan Rogue Gas Smell Lawsuit — Nissan's View
Nissan argues the entire Rogue class action lawsuit should be thrown out because the plaintiffs don't allege facts to support their claims.
According to Nissan, the plaintiffs fail to plausibly allege the automaker misled them or any customer about the Rogues, and Nissan says the class action fails to allege Nissan had a duty to disclose an alleged defect which causes gas odors.
The plaintiffs supposedly rely on "anonymous online complaints which were posted after they purchased the vehicles." And Nissan argues the plaintiffs set forth an "unsupported assertion" that Nissan should have known about the purported fuel odor defect.
"Neither set of “facts” is sufficient to support the underlying allegation of fraudulent concealment that their unjust enrichment claim hinges upon, and the Court should dismiss the claims as a result." — Nissan
Warranty-based claims (breach of express warranty, implied warranty, Magnuson-Moss Warranty Act) allegedly fail because the plaintiffs, "have not utilized the alternative dispute resolution procedures called for in the Limited Warranty and therefore have failed to meet their contractual obligations."
Nissan also told the judge the plaintiffs fail to allege their Rogue SUVs are unfit for their ordinary purpose of providing transportation, and none of the plaintiffs claim they have stopped driving their allegedly dangerous SUVs.
The Nissan Rogue gas smell lawsuit was filed in the U.S. District Court for the Middle District of Tennessee: Elias, et al., v. Nissan North America, Inc.
The plaintiffs are represented by the Lafferty Law Firm, Inc., and Lemberg Law, LLC.