March 19 (Reuters) - Ferrari ( RACE ) has been sued in
the United States by drivers who said the Italian luxury sports
car maker has failed to fix vehicles at risk of a partial or
total loss of braking capability.
According to a proposed class action filed on Monday in San
Diego federal court, recalls in 2021 and 2022 to address leaking
brake fluid were only an interim measure, allowing Ferrari ( RACE ) to
keep selling thousands of cars with defective brakes.
The complaint said the only fix was to replace defective
master cylinders when leaks are found.
"Ferrari ( RACE ) was legally required to disclose the brake defect
as a known safety defect and failed to do so," according to the
complaint, which sought unspecified damages for drivers.
In a statement on Tuesday, Ferrari ( RACE ) did not specifically
address the lawsuit but said its "highest priority" was the
safety and well-being of its drivers.
"We operate according to stringent safety and security
guidelines to ensure that our vehicles always respect
homologation specifications," Ferrari ( RACE ) added.
The lawsuit is led by Iliya Nechev, a San Marcos, California
resident who bought his 2010 Ferrari ( RACE ) 458 Italia in 2020.
Nechev said he "came close to an accident several times"
because of his Ferrari's ( RACE ) brakes, but his dealership said they
were "normal" and he should "just get used to them." He said he
wouldn't have bought his Ferrari ( RACE ) had he known of the problems.
Ferrari ( RACE ) issued brake recalls in several countries including
the United States and China starting in October 2021.
The U.S. recalls covered many Ferrari ( RACE ) models, including
versions of the 458 and 488, produced over nearly two decades.
Ferrari and Robert Bosch, the German supplier of
the alleged defective parts, have said problems could result
from brake reservoir fluid caps that might not vent properly,
potentially creating a vacuum inside the fluid reservoir.
Bosch is also a defendant. It did not immediately respond on
Tuesday to a request for comment. The five law firms that
represent Nechev did not immediately respond to requests for
additional comment.
The case is Nechev v. Ferrari North America Inc et al, U.S.
District Court, Southern District of California, No. 24-00516.