A federal judge on Monday refused to dismiss a proposed class action lawsuit accusing BMW of North America LLC of selling defective tires sold by Bridgestone Americas Tire Operations LLC, saying the plaintiff sufficiently pleaded that the companies may have known about the alleged defects. Both companies are named as defendants in the case.
New Jersey BMW 335i lessee David Greene alleges in the class action lawsuit that he noticed structural deformities in three of the four Bridgestone Potenza run-flat tires on his vehicle and had to have them replaced in order to drive a vehicle that was safe on the road.
Greene had alleged a violation of the New Jersey Consumer Fraud Act and that the auto maker “knew with certainty that the tires would fail… on information and belief.”
Judge William S. Martini decided this argument satisfied the pleading standard because the Second Circuit Court of Appeals had previously decided that the plausibility can be reach by a plaintiff “pleading facts… where the facts are peculiarly within the possession of the defendant[.]”
In this case, clear evidence of whether or not BMW knew that Bridgestone’s Potenza run-flat tires were defective would be unknown to a regular consumer, but could still be demonstrated as part of a breach of implied warranty claim. Judge Martini also gave Greene the benefit of the doubt in what appeared to be a typographical error in the second amended complaint.
In the first class action lawsuit, his legal team had sought to certify a Class of “consumers who purchased or leased a 2009, 2010, 2011 and 2012 BMW vehicle… that came equipped with Bridgestone Potenza run-flat tires… and whose tires had to be prematurely replaced as a result of their significantly reduced useful life” compared to other options. A revision of the complaint included tires that had gone flat, but Greene alleged that he meant to maintain the original language, and Judge Martini will allow him to proceed under that Class definition.
The putative plaintiffs are represented by class action attorneys Barry R. Eichen and Daryl Zaslow of Eichen Crutchlow Zaslow & McElroy LLP and Justin M. Klein of Marks & Klein LLP.
The BMW Defective Tire Class Action Lawsuit is David Greene v. BMW of North America, et al., Case No. 11-cv-04220, in U.S. District Court, District of New Jersey.
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13 thoughts onClass Action Over BMW Bridgestone Run-Flat Tires Can Proceed
I operate a facebook group and a large number of members have experience premature tire wear on our bridgestone tires that came stock on 2022 bmw X3s i barely have 9k miles and my tires are bald. Then complained to bridgestone warranty they said they would replace then said they would only offer 35% off
I have had (2) two separate incidents with my Run flat tires on my 2019 BMW . The tires went flat in the first incident and caused damage to my front rack and pinion assembly . I could not make it home at about 25 miles away. I had to get a tow truck because my tire was completely done. After being towed which the tow driver had to drop me off in front of my gate because he could not back my car in and when I got in to drive in my dash was lit up with warningsI guess as a result of rack and pinion. I can explain , tire failure number two if you are interested but. much longer than just a comment.
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