Posted by Mike Geylin | Aug 26, 2022
NEWARK, N.J. – U.S. District Judge John Michael Vazquez has appointed three interim attorneys for the plaintiff in the class-action suit alleging a brake-fluid leak had caused loss of braking capability in several Ferrari models and Ferrari and supplier Bosch knew about the issue.
According to the recent court order, “James E. Cecchi of Carella, Byrne, Cecchi, Olstein, Brody & Agnello, P.C; Michael J. Flannery of Cuneo Gilbert & LaDuca, LLP; and Gary K. Burger of Burger Law, LLC are hereby appointed as Interim Class Counsel on behalf of the Plaintiff and the proposed class.”
The suit [Civil Action No. 2:21-20772 (JMV)(CLW)] principals are Jeffrey Rose, individually and on behalf of all others similarly situated, plaintiff; and Ferrari North America, Inc., Ferrari N.V., Ferrari S.P.A., Robert Bosch, LLC, and Robert Bosch GmbH, defendants.
The BRAKE Report first reported on the lawsuit in January.
Ferrari agreed to a recall campaign in November 2021. Almost simultaneously the company informed owners of a potential braking issue that was under investigation. According to the National Highway Traffic Safety Administration (NHTSA) the recall notice had been scheduled for dissemination to owners beginning Dec. 21, 2021.
According to court papers filed Dec. 30, 2021, on behalf of Plaintiff Jeffrey Rose, he had received the following email from the Italian sports-car maker Nov. 2, 2021:
“Ferrari is investigating whether a problem exists in certain Model Year 2016-2018 vehicles… [that] are equipped with a braking system that could potentially leak brake fluid, which may lead to a total loss of braking capability, and result in an accident… [I]f a message appears on your dashboard, “Brake fluid level low, Go to dealer slowly”, please pull off the road as soon as it is safe to do so. Then contact Ferrari Roadside Assistance… Your car will be taken to the nearest authorized Ferrari dealer and inspected free of charge. If necessary, Ferrari will perform any necessary repairs to your vehicle for free.”
Unfortunately for Rose, this message came well after his first experience with low brake fluid warning messages and potential issues. According to the court papers:
“On June 4, 2021, while running errands, Plaintiff Rose’s 2020 Vehicle [Ferrari 488 GTB] displayed a message on the left dash instrument panel that read: “brake fluid low – drive to dealer slowly.” Plaintiff Rose drove the Ferrari slowly home and pulled into the driveway of his residence at approximately 10 miles per hour in first gear. When he attempted to press the brake pedal nothing happened. Plaintiff Rose’s 2020 Vehicle continued moving forward into his yard with Plaintiff Rose continually trying to press the brakes but the brakes would not engage. Plaintiff Rose frantically released his seat belt, opened the driver’s side door and jumped out of the moving vehicle just before it entered the 20-foot-deep pond behind his residence and sunk to the bottom.”
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