Anne Bucher  |  May 3, 2016

Category: Consumer News

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Ferrari class action lawsuitFerrari North America Inc. and Ferrari N.V. have been hit with a class action lawsuit alleging they designed, manufactured and sold “museum quality automobiles” with a sticker price of close to $200,000 despite having a design flaw and/or defect that may lead to engine failure.

According to the class action lawsuit, certain Ferrari vehicles have design flaws and/or defects that cause foreign matter to get sucked back into the engine, causing engine damage and, ultimately, complete engine failure. This alleged defect can cause the engine to fail suddenly, resulting in a total loss of power to the vehicle, even while operating at highway speeds.

“The Class Vehicles are uniformly and inherently defective in materials, design, or workmanship, and prematurely fail under ordinary driving conditions and far in advance of their expected useful lives,” the Ferrari class action lawsuit alleges.

Further, the defendants have purposefully concealed this defect from consumers so that the warranty period will expire before they become aware of the defect, the Ferrari class action lawsuit alleges. The cost of repair can amount to tens of thousands of dollars, the plaintiff claims.

Plaintiff Wade E. Morrison claims he would not have purchased a Ferrari, or would have paid much less for it, if he had known about the defect. According to the Ferrari class action lawsuit, Morrison and other putative Class Members have not received the value of the vehicle they thought they were getting when they made the decision to purchase a Ferrari.

According to the engine defect class action lawsuit, Morrison is the lessee of a 2006 Ferrari F430 2-door coupe “Berlinetta.” He leased the Ferrari in May 2012, paying a down payment of $40,000 and monthly payments of more than $1,300. It reportedly had just over 5,200 miles on it at the time he leased the vehicle.

Morrison claims he had all of the regular required maintenance performed on the vehicle as directed by the service and warranty booklet. “Except for two oil changes, all service performed on Plaintiff’s Ferrari was done at Ferrari authorized dealerships,” the Ferrari class action lawsuit alleges.

In March, Morrison claims he paid more than $10,000 for parts and labor required to replace his Ferrari’s engine after it suffered catastrophic engine failure allegedly caused by the defect. This amount was reportedly reduced from the more than $30,000 full invoice price, a result of a “one time goodwill gesture” by Ferrari.

By filing the engine defect class action lawsuit, Morrison seeks to represent a nationwide Class of current or former owners and/or lessees of model year 2004 through 2009 Ferrari F430 vehicles.

The 46-page Ferrari class action lawsuit asserts claims for breach of express warranty, breach of implied warranty, violation of the New Jersey Consumer Fraud Act, violation of the Magnuson-Moss Warranty Act and violation of the Arizona Consumer Fraud Act.

Morrison is represented by Willian J. Pinilis of PinilisHalpern LLP; Jeffrey A. Koncius and Melanie Meneses Palmer of Kiesel Law LLP; and Raymond P. Bucher and Maria L. Weitz of Boucher LLP.

The Ferrari Engine Failure Class Action Lawsuit is Morrison v. Ferrari North America Inc., et al., Case No. 2:16-cv-02360, in the U.S. District Court for the District of New Jersey.

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