A class action lawsuit against Nissan related to their Titan diesel trucks is still ongoing, with Nissan recently filing a motion to dismiss the claims made by the plaintiffs. The lawsuit alleges that 2016 through 2019 Nissan Titan diesel trucks are defective in two ways.

First, the lawsuit claims that the location of the diesel exhaust fluid filler tubes in the trucks is problematic. It alleges that the fuel systems are being damaged when truck owners mistakenly remove the wrong caps and use the wrong filler tubes, causing diesel exhaust fluid to mix with the diesel fuel tank. The plaintiffs argue that this is Nissan’s fault, as the design of the filler tubes is flawed.

In 2018, Nissan issued a Technical Service Bulletin (TSB) NTB16-125A warning dealers of the consequences when a truck owner makes a mistake by pouring exhaust fluid into the diesel fuel tube. The bulletin also informed dealers that owners would be responsible if they made the mistake of adding diesel exhaust fluid to the diesel tank.

Second, the lawsuit also alleges that the trucks have defects that result in exhaust fumes entering the cabins of the trucks.  Nissan issued Technical Service Bulletin NTB16-056B Titled “2016-2018 Titan XD; Remove odor from inside vehicle when HVAC is in fresh air.” This diesel exhaust fume TSB was for a very specific situation that resulted in smoke entering the cab of the truck. The bulletin informs that a truck may have a diesel odor inside the truck, but only if the vehicle is stopped and the HVAC system is on and the mode is set to fresh air. The plaintiffs claim that the trucks inject diesel exhaust fluid into the stream of the diesel exhaust, leading to fumes entering the passenger cabin.

The class action lawsuit claims that Nissan is responsible for these defects, and that truck owners have suffered financial damages, including overpaying for their trucks and having to pay for repairs to replace the fuel systems. The plaintiffs also argue that the resale value of the trucks has diminished due to these alleged defects.

In September 2021, a complainant saw a dash light warning in their truck for “water in fuel,” prompting them to take the Titan to a dealer for repairs. However, the truck owner was told diesel exhaust fluid had contaminated the fuel system and started to crystallize and the repair would cost $23,648.89.

Confused yet?

In response to the lawsuit, Nissan has filed a motion to dismiss, asserting that the claims are invalid. Nissan argues that the warranties offered by the company only cover defects in materials and workmanship, not design defects, and therefore, the plaintiff’s claims should be dismissed. Nissan also points out that the filler neck caps for the diesel exhaust fluid and diesel fuel are different in color and size, and owners should be aware of the distinction. Additionally, Nissan disputes the allegations about exhaust fumes in the cabins, claiming that the claims are vague and fail to specify the cause of the alleged defect.

The class action lawsuit, titled Losapio, et al., vs. Nissan North America, Inc., was filed in the U.S. District Court for the Middle District of Tennessee (Nashville Division). The case is ongoing, and the court will ultimately determine the validity of the claims made by the plaintiffs and Nissan’s motion to dismiss. What do you think about this situation? Is it up to the consumer to be a responsible adult and pay attention or is the weight of this on Nissan’s shoulders? Let us know in the comments below.