Source: Burger Law announcement
NEWARK, N.J. — St. Louis-based law firm Burger Law, a law firm that specializes in product liability and class action lawsuits, is representing the plaintiff in a lawsuit against manufacturers Ferrari and Robert Bosch.
The plaintiff alleges that he twice experienced sudden brake failure due to defective motor vehicle components and asserts that the vehicle and defective component manufacturers are liable.
The lawsuit is a class action and may be joined by others who have sustained losses due to the defective product. It is pending in federal court in New Jersey as Case number 2:21-cv-20772-JMV-CLW, and called Rose v. Ferrari North America, Inc. To learn more or submit your information please visit our Ferrari Brake Recall page.
In two separate Part 573 Safety Recall Reports issued by the National Highway Traffic Safety Administration on Oct. 29, 2021, and Jul. 26, 2022, over 23,000 Ferrari vehicles sold in the U.S. between 2005 to date were recalled due to faulty brake fluid reservoir caps. The reports state that the caps may not vent pressure adequately which can cause the reservoir to leak brake fluid. Further, the report notes that complete loss of brake fluid can lead to total brake failure.
In the complaint, ROSE v. FERRARI NORTH AMERICA, INC., et al, the plaintiff alleges:
- “Braking is critical to the safety of the driver, passengers within the vehicle, the drivers and occupants of other vehicles in proximity, and innocent bystanders.”
- “Defendants have failed to inform consumers of the potentially deadly Brake Defect installed in certain [Ferrari models], much less repair or replace the defective braking system in vehicles sold or leased to consumers nationwide.”
- The brake defect “may be related to leaking brake fluid and/or the master cylinder/brake booster component within” the vehicles.
- “Defendants have had actual knowledge of the Defect since at least 2015.”
- “Defendants knew or should have known of the Defect from far earlier due to pre-production testing, failure mode analysis, and reports to authorized dealers and repair centers.”
- “Defendants chose to omit information about the Brake Defect and not to disclose these problems to [Ferrari owners], so that they could continue to profit from the sale and lease of the” vehicles.
The plaintiffs are seeking compensatory, actual, treble, punitive, and/or statutory damages for injury, financial loss, reduction of the vehicles’ value and the Defendants’ concealment of a known defect. Plaintiffs also issued a demand for a jury trial.
There are two legal bases for the lawsuit:
- Nationwide claims for fraud by concealment, negligent misrepresentation, unjust enrichment, and violation of the N.J. Consumer Fraud Act (“NJCFA”)
- State claims for violations of Georgia’s Uniform Deceptive Trade Practices Act