— A Ferrari brake failure class action lawsuit has been dismissed after a Ferrari 488 owner allegedly watched his car travel into a pond due to brake failure.
The Ferrari brake failure lawsuit alleges the automaker and supplier Bosch knew there were defects in the braking systems of these Ferrari vehicles.
- 2010-2015 Ferrari 458 Italia
- 2014-2015 Ferrari 458 Speciale
- 2015 Ferrari 458 Speciale A
- 2012-2015 Ferrari 458 Spider
- 2016-2019 Ferrari 488 GTB
- 2016-2019 Ferrari 488 Spider
According to the owner who sued, Ferrari failed to inform consumers about the allegedly defective braking systems which placed customers in danger from brake failures.
Missouri plaintiff Jeffrey Rose was driving his pre-owned 2018 Ferrari 488 GTB in June 2021 when the car displayed a warning message about low brake fluid, advising the driver to drive slowly to a dealership.
The plaintiff says he drove the Ferrari home and pulled into the driveway, but pushing the brake pedal did nothing to help stop the car.
The brake failure lawsuit alleges the Ferrari continued to travel forward and the plaintiff says he jumped out of the car before it entered a pond behind his home.
The Ferrari 488 GTB was totaled by the insurance company, so the plaintiff purchased a used 2018 Ferrari 488 GTB that allegedly also suffered the same brake failure problem.
The class action lawsuit asserts the owner received the same warning message about low brake fluid and the brake pedal went to the floorboard.
The second brake failure incident occurred in July 2021 and convinced the plaintiff to file a complaint with the National Highway Traffic Safety Administration in September 2021.
According to the Ferrari brake failure lawsuit, the car was towed and repaired.
Then in October 2021, Ferrari issued a brake failure recall regarding brake fluid leaks that could cause a loss of braking. The Ferrari brake failure recall involved about 10,000 vehicles, and Ferrari offered to reimburse owners who paid for previous repairs.
The brake failure lawsuit alleges Ferrari knew about the brake problems since 2015 but concealed what was known until customers were finally informed when the brake failure recall was announced.
Ferrari Brake Failure Lawsuit Dismissed, For Now
Ferrari filed a motion to dismiss the brake failure class action lawsuit by telling the judge the lawsuit is moot because the automaker agreed to provide free brake repairs and reimbursements through the recall.
However, the judge saw things differently.
"Ferrari's recall does not encompass all of Plaintiff's potential relief. This Court, therefore, will not exercise its discretion by dismissing the Complaint due to prudential mootness. Ferrari's motion is denied on these grounds" — Judge John Michael Vazquez
The judge went on to address fraud and negligent misrepresentation claims which were based on Ferrari's failure to disclose the brake defect.
According to Judge Vazquez, the plaintiff does not argue he shared a "fiduciary or confidential relationship with Ferrari" and he doesn't allege that Ferrari made any partial disclosures or that he relied on partial disclosures.
Instead, the judge said the plaintiff alleges Ferrari completely failed to address the brake defect until the NHTSA recall.
"Because Plaintiff does not allege any partial disclosure, Ferrari had no duty to fully disclose the brake defect to correct any partial representations. Without plausibly alleging a duty to disclose the alleged brake defect, Plaintiff fails to state a claim for his three nationwide fraud-based claims." — Judge Vazquez
Ferrari also argues manufacturers are not under a duty to disclose defects to any purchaser of a used vehicle.
The judge also dismissed other claims based on a failure to allege any future harm from the alleged brake defect suffered in the past.
According to the Ferrari brake failure lawsuit, Ferrari did not tell him and other consumers about the alleged brake failure defects “to avoid an avalanche of warranty claims and expenses related to replacing every brake system in every Class Vehicle.”
However, the judge found the plaintiff also alleges the automaker was unjustly enriched because it limited warranty coverage and excluded the brake defects. The judge saw a problem with this "conclusory allegation."
According to the judge, the plaintiff "implicitly pleads that had Ferrari disclosed the brake defect, it would have been covered under the warranty. As pled, therefore, Plaintiff's unjust enrichment claim is precluded by the warranty."
Although the judge dismissed the Ferrari brake failure lawsuit, he did so without prejudice which means the plaintiff may amend his class action lawsuit.
The Ferrari brake failure lawsuit was filed in the U.S. District Court for the District of New Jersey, Newark Division: Jeffrey Rose vs. Ferrari North America, Inc., et al.
The plaintiff is represented by Carella, Byrne, Cecchi, Olstein, Brody & Agnello, P.C., Cuneo Gilbert & LaDuca, LLP, and Burger Law LLC.
