— A Nissan Rogue class action lawsuit alleges that 2021-2023 Nissan Rogue models have odors inside the vehicle due to a defective positive crankcase ventilation (PCV) system.
The Nissan class action lawsuit alleges that the Rogue SUV is equipped with a 1.5-liter 3-cylinder variable compression turbo (VC-Turbo) engine.
Occupants claimed that the smell of gasoline made them sick when the fuel seeped into the rubber components.
The Nissan Rogue owner further claimed that the dealer did nothing about the gasoline odor complaint, but the technician allegedly acknowledged that there was a problem.
Supposedly, even the occupants’ clothes smelled like the gas from their recent ride in the Rogue, and once the Nissan Rogue was shut down and parked, the smell was apparently quite horrific.
The class action lawsuit also claims that the gasoline smell caused the Nissan Rogue’s value to decrease.
The class-action lawsuit claims the Rogue warranty is useless because Nissan dealers can’t fix the gasoline odor problem.
Nissan Rogue Gas Odor Lawsuit – Nissan’s Perspective
Nissan argued that the entire Rogue class action lawsuit should be dismissed because the plaintiffs failed to present facts to support their claims.
The plaintiffs failed to reasonably allege that the automaker misled them or any customers about the Rogues, according to Nissan, which said the class action lawsuit failed to allege that Nissan had a duty to disclose the alleged defect that caused the gasoline smell.
Presumably, the plaintiff relied on “anonymous online complaints posted after the vehicle was purchased.” Nissan argued that the plaintiffs made an “unsubstantiated claim” that Nissan should have known about the alleged fuel odor defect.
“Neither set of ‘facts’ is sufficient to support the underlying allegation of fraudulent concealment upon which its unjust enrichment claims are based, and therefore the court should dismiss these claims.” — Nissan
The warranty-based claim (breach of express warranty, implied warranty, Magnuson-Moss Warranty Act) allegedly failed because the plaintiff “failed to avail itself of the alternative dispute resolution process required under the limited warranty and therefore failed to perform its contractual obligations. “
Nissan also told the judge that the plaintiffs failed to claim that their Rogue SUV was unfit for general use in providing transportation, and that none of the plaintiffs claimed that they had stopped driving the allegedly dangerous SUV.
The Nissan Rogue gas odor lawsuit has been 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 Lafferty Law Firm, Inc. and Lemberg Law, LLC.
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