Class Action Over BMW Bridgestone Run-Flat Tires Can Proceed

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.