Nissan Faces Infiniti G35 Brake Defect Lawsuit

LOS ANGELES, Oct 11, 2004; Reuters reported that consumers have filed a proposed nationwide class action suit in Los Angeles against Nissan North America Inc. over a brake defect in the Infiniti G35 they say has undercut the vehicle's resale value.

The lawsuit, filed on Friday, asks that the automaker reimburse owners of G35 sports sedans and coupes made in 2003 and 2004 for the costs of fixing the defect, which causes brake pads and rotors to wear out faster than normal.

A similar lawsuit was filed last month in Florida.

Nissan disclosed the problem in late 2003, and amended its warranty to cover the brake pad and brake rotor replacements for the first three years or 36,000 miles the buyer owns or leases the car, Nissan spokesman Kyle Bazemore said.

The company also reimbursed owners for brake maintenance that had already been performed, Bazemore said.

Bazemore said the company had no comment on the California lawsuit, but described the Florida claim as "unfounded."

The lawsuit claims the brake problem "significantly increased the expected costs of ownership of a G35 well beyond the warranty amendment" and diminished the car's value.

"You're still going to have to replace brakes and rotors more often than you normally would," said plaintiffs lawyer Aashish Desai.

"Who is going to want to buy a (used G35) when they know they have to replace the pads and rotors every year?"