— Alleged Nissan Titan diesel problems cause truck owners to accidentally pour diesel exhaust fluid into the diesel fuel tanks.
In short, owners of 2016-2019 Nissan Titan diesel trucks are mistakenly pouring diesel exhaust fluid into the filler necks for the diesel fuel tanks and ruining the Cummins 5-liter engine fuel systems.
According to the class action lawsuit filed for more than $5 million, it's Nissan's fault when a Titan owner makes a mistake by mixing the diesel exhaust fluid into the diesel fuel tank even though the caps are clearly marked, are different colors and the filler tubes are different sizes.
In the photo, note 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 lawsuit blames Nissan because the automaker allegedly placed the filler tubes in the wrong location, something the plaintiff says is a "design flaw."
Texas plaintiff James Losapio, Jr. purchased a new 2017 Nissan Titan diesel truck and took it to a Nisan dealer when the odometer had 13.900 miles on it. He says the dealer replaced the diesel exhaust fluid filter and the diesel fuel filter and refilled the exhaust fluid tank.
About five months later a “Water in Fuel” warning activated, so he brought the truck to a Nissan dealer. Technicians told him diesel exhaust fluid had contaminated the fuel system and ruined it, a repair that would cost the plaintiff more than $23,000.
According to the class action, dealer technicians didn't know what they were doing and poured diesel exhaust fluid into the diesel fuel tank.
The lawsuit says Nissan refuses to recall 2016-2019 Titan trucks to prevent owners from making mistakes when adding diesel exhaust fluid to the trucks.
According to the Titan diesel class action lawsuit:
"[O]wners and lessees of 2016-2019 Nissan Titans have suffered damages, including, inter alia, (1) overpayment for their vehicles, (2) increased service visits, (3) fuel system damage, (4) costs for future repairs; and/or (5) diminished value of their vehicles."
Since at least 2018, Nissan has warned dealerships to understand the warning signs if a Titan owner accidentally pours diesel exhaust fluid into the diesel fuel tank.
"CAUTION: Putting Diesel Exhaust Fluid (DEF) into the diesel fuel system will contaminate the entire system causing permanent damage to system components. DEF contamination requires replacement of the complete diesel fuel system." — TSB NTB16-125a
Symptoms to watch for include:
- Crank no start
- Long crank or hard to start
- Rough idle
- Low power warning
- Fuel gauge inop or erratic gauge operation
- Noise from the stage one fuel pump
In addition, Nissan makes it clear who is responsible if a driver wrongly adds diesel exhaust fluid to the wrong filler neck.
"IMPORTANT: Damage to the diesel fuel system due to DEF 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."
In addition to the alleged problems with the diesel caps and filler neck locations, the class action alleges the trucks are defective because diesel exhaust fumes enter the truck cabins.
The case had been sent to mediation and when it was, Nissan's motion to dismiss the lawsuit and other actions were cancelled. However, the Titan diesel lawsuit has now returned to the legal system which allowed Nissan to refile it's motion to dismiss.
Motion to Dismiss the Titan Diesel Lawsuit
Nissan argues there is nothing wrong with the trucks just because someone mistakenly adds diesel exhaust fluid to the diesel fuel tank.
And even if Nissan somehow caused the problem, the Titan warranty still wouldn't cover the issue because the lawsuit alleges this is a design defect, something not covered by the warranty in the first place.
Nissan also references the Titan diesel class action lawsuit which recognizes the diesel filler neck caps are different sizes and colors and the automaker argues it cannot be blamed if a customer doesn't understand this.
Additionally, Nissan argues the plaintiffs never 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.
