the staff of the Ridgewood blog
Teaneck NJ, a lawsuit has been filed against Ferrari, claiming a brake defect led to a fatal collision. The plaintiff, Lieberman, bought the car from World Wide Ferrari in Spring Valley, New York, on June 18, 2022, just a week before the crash. The suit, filed in Superior Court, also names Ferrari North America Inc., Ferrari Group North America Inc., and New Country Motor Group Inc.
Details of the Lawsuit
According to the lawsuit, Lieberman alleges that the brakes in his Ferrari failed, causing a collision with another car driven by Schnellbacher. The suit states that due to the crash, both civil and criminal actions have been initiated against Lieberman, which are still pending.
The incident occurred when Lieberman approached a stop sign and attempted to yield. The brakes allegedly failed, causing him to cross into Schnellbacher’s path. The lawsuit accuses Ferrari of being aware of a braking defect involving the brake reservoir cap and other components.
Allegations of Negligence
The suit asserts that Ferrari knew the defect could result in partial or total brake failure, significantly increasing the risk of a crash and serious injury or death. Lieberman claims that Ferrari did not inform him of this defect, exposing him to severe civil and criminal consequences, resulting in physical and emotional harm.
Previous Recall
In October 2021, Ferrari issued a recall for a large class of their vehicles due to the brake defect. Despite this recall and Ferrari’s prior knowledge, the car was sold to Lieberman without any disclosure of the defect. The lawsuit alleges that Ferrari had a duty to exercise reasonable care and comply with existing standards, but failed to do so, resulting in Lieberman’s injuries, which were foreseeable.
Misrepresentation and Concealment
The lawsuit accuses Ferrari of deliberately misrepresenting and concealing the defect to protect their profits and enhance the marketability of their vehicles. This suppression of facts, the suit claims, was done with complete disregard for the safety of drivers, passengers, and the public.
Legal Violations
The defendants are accused of negligence and violating the New Jersey Consumer Fraud Act and the New Jersey Product Liability Act by not informing Lieberman of the defect. Lieberman currently faces two civil suits from his passenger and Schnellbacher’s estate, in addition to pending criminal charges.
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