Driver Files Lawsuit Against Ferrari Following Reported Brake Failure That Led to 488 Plunging Into Pond | Carscoops

      Seven customers have initiated a lawsuit against Ferrari, alleging that the automaker has not adequately addressed a persistent brake problem.

      In 2021, one plaintiff’s Ferrari 488 GTB lost brake fluid, leading him to abandon the vehicle in a pond.

      Ferrari has implemented two recalls concerning brake issues linked to a defective reservoir cap.

      A judge in the U.S. has dismissed some of the claims; however, these claims can be revised and resubmitted.

      When issues arise with a Ferrari, they tend to be serious. The luxury Italian manufacturer is currently facing a lawsuit in the U.S. related to a brake failure that reportedly caused the owner of a 488 GTB to crash into a pond. The plaintiffs initially aimed to pursue a class action, but a New Jersey judge dismissed that request earlier this month, allowing for amendments and resubmissions.

      The legal action came shortly after Ferrari recalled over 10,000 vehicles in the U.S. due to potential brake system leaks. This recall affected several models, including the 458 Italia, 458 Spider, 458 Speciale, 488 GTB, and 488 Spider, among others. A second, broader recall occurred in 2022.

      The latest recall expanded the list of affected models significantly, including the 430, 612 Scaglietti, 812 Superfast, F60 America, F8 Spider, F8 Tributo, Roma, California, California T, F12 Berlinetta, F12 TDF, FF, GTC4 Lusso, GTC4 Lusso T, LaFerrari, LaFerrari Aperta, and the Portofino. Ferrari stated that the brake fluid reservoir cap lacked proper ventilation for the brake system and instructed dealers to replace the caps.

      However, the plaintiffs argue that merely replacing the brake reservoir cap is a temporary fix and fails to resolve a purported issue where the rear seal can become dislodged, resulting in brake fluid leaking from the master cylinder into the brake booster. The lawsuit claims that Ferrari should also have replaced the master cylinders.

      Seven Ferrari owners, including individuals with 488 GTBs, 430 Spiders, California Ts, and 458 Italias, have come together for this legal action.

      An Unexpected Water Incident

      Jeffrey Rose, the owner of the Ferrari 488 GTB, is the main plaintiff. He bought a pre-owned 488 GTB from a dealer in June 2020, but about a year later, the supercar displayed a ‘brake fluid low’ warning. He cautiously drove the car home and attempted to park it, but the brakes failed, causing it to roll across his yard. He “frantically released his seat belt” and jumped out before the car rolled into a pond behind his home.

      Despite some obstacles in the lawsuit, it remains active. In late 2022, a judge dismissed portions of the case, although the plaintiffs were allowed to amend and refile. They have done so, with some aspects of the new lawsuit being accepted while others have been rejected by the court.

      According to court documents, as reported by CarComplaints, Judge Jamel K. Semper dismissed several claims against Ferrari, including those related to a nationwide class action. Notably, these claims were dismissed without prejudice, meaning they can be revised and resubmitted.

      As is often the case with complex legal matters, this lawsuit is anticipated to progress slowly through the courts and could take years to reach a conclusion or dismissal.