Federal Judge Greenlights Brake Defect Lawsuit Against Ferrari

Attorney Complaints
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Tom Methvin, Principal, Managing Attorney | Beasley Allen, law firm, GA

A class action lawsuit against Ferrari has been given the green light by Federal Judge James Semper. The lawsuit, which focuses on a serious safety defect in numerous Ferrari vehicles, alleges that the cars are equipped with defective brake booster/master cylinder assemblies manufactured by Bosch.

The plaintiffs, represented by Beasley Allen attorneys, claim that the defect in the braking system causes a sudden loss of braking ability without warning to the driver. This has resulted in dangerous situations for drivers, including instances of loss of braking ability in various driving conditions, increasing the risk of injury for both the driver and others on the road.

The lawsuit timeline reveals that Ferrari initially issued a recall for specific models in 2021, but the problem was more widespread than initially thought. Subsequently, the recall was expanded in July 2022 to include over 23,000 vehicles, encompassing almost every Ferrari sold in the U.S. since 2005.

After filing an Amended Class Action Complaint against Ferrari S.p.A. and Robert Bosch GMBH in December 2022, the plaintiffs faced a motion to dismiss from Ferrari in April 2023. However, Judge James Semper's ruling in March 2024 allowed the case to move forward, including claims of fraud by omission and negligent misrepresentation.

The case, identified as Rose, et al., v. Ferrari North America, Inc. et all 2:21-cv-20772, is currently progressing in the United States District Court for the District of New Jersey as the parties engage in the early stages of jurisdictional discovery.