NHTSA Complaint #10363888 — 2009 INFINITI M35

IN SEPTEMBER/OCTOBER OF 2010 MY 2009 INFINITI M35X UNEXPECTEDLY AND WITHOUT WARNING STALLED WHILE THE CAR WAS MOVING. THIS OCCURRED 3 TIMES, TWICE WITHIN A WEEK BEFORE THE CAR WAS SERVICED TO CORRECT THE PROBLEM CITED UNDER NHTSA ITEM #10032906, SERVICE BULLETIN # ITB-10-014 AND ONCE AFTER THE VEHICLE WAS SUPPOSEDLY FIXED. IN ALL THREE STALLS THE CAR WAS MOVING AT SLOW SPEED (<10MPH) AND LOW RPM. TWO OF THE STALLS OCCURED WHILE MAKING TURNS, ONE IN THE FACE OF ONCOMING TRAFFIC AND ONE IN A PARKING LOT. IN NONE OF THE THREE STALLS WAS THERE ANY DAMAGE OR INJURY. I WAS EXTREMELY LUCKY IN THAT REGARD. THE INFINITI DEALER WHERE I BOUGHT THE CAR SERVICED IT AND INFORMED ME OF THE PREVIOUSLY KNOWN AND PUBLISHED TECHNICAL SERVICE BULLETIN. THEY EXPLAINED THAT THE "FIX" WAS A FAIRLY SIMPLE REPROGRAMMING OF THE ECM. NOTWITHSTANDING THAT, THE VEHICLE STALLED AGAIN WITHIN TWO WEEKS AFTER THE FIX. I RETURNED IT BUT THE DEALER COULD NOT REPLICATE THE PROBEM. IN THE MEANTIME I CONTACTED INFINITI NATIONAL CONSUMER AFFAIRS WHO TOLD ME THAT SINCE THE DEALER COULD NOT REPLICATE THE PROBELM, THERE WAS NOTHING MORE THAT INFINITI WOULD/COULD DO. MY PROBLEM WITH THIS EXPERIENCE IS THREEFOLD: 1) INFINITI KNEW THERE WAS A DEFECT WITH MY VEHICLE THAT COULD CAUSE IT TO STALL WITHOUT WARNING AND THEY DIDN'T NOTIFY ME TO BRING IT IN TO MAKE THE "SIMPLE FIX" BEFORE IT STALLED. 2) THE VEHICLE STALLED AGAIN AFTER THE "FIX" WAS MADE AND 3) I HAVE NO IDEA WHETHER IT IS GOING TO STALL AGAIN. NEITHER DOES INFINITI. THEY KNEW THERE WAS A POTENTIAL PROBLEM BUT TOOK NO PROACTIVE STEPS TO MINIMIZE THE POTENTAL FOR DAMAGE/INJURY. I TOLD THEM I WAS NOT COMFORTABLE BEING IN THIS SITUATION AND ASKED THEM TO REPURCHASE THE CAR. THEY REFUSED. I BELIEVE, BASED UPON MY FIRST HAND EXPERIENCE, THAT THIS IS A SAFETY ISSUE. IT MAY NOT BE ON THE SCALE OF TOYOTA'S SUDDEN ACCELERATION PROBLEM. BUT IT'S NOT SOMETHING THAT A RESPONSIBLE COMPANY SUFFERS ITS CUSTOMERS TO EXPERIENCE WHILE HIDING BEHIND A TSB. *TR