by In 2021, the owner’s Ferrari 488 GTB car lost brake fluid, causing him to throw the car into a pond. Ferrari issued two recalls due to brake issues caused by a faulty reservoir cap. A US judge dismissed some claims, but they can be amended and resubmitted. When problems arise with Ferrari, they really arise. The Italian luxury manufacturer is facing a lawsuit in the US over brake failure that allegedly caused the 488 GTB owner to crash into a pond.
Folding the first attempts to file a class action, a judge in New Jersey dismissed this claim this month, although it can be corrected and resubmitted. These legal actions were filed shortly after Ferrari recalled over 10,000 cars in the US due to brake system issues that could leak fluid. The recall covered various models, including 458 Italia, 458 Spider, 458 Speciale, 488 GTB, and 488 Spider, to name a few, in 2022. This new recall significantly increased the list of affected models, including 430, 612 Scaglietti, F60 America, F8 Spider, F8 Tributo, Roma, California, California T, F12 Berlinetta, F12 TDF, FF, GTC4 Lusso, GTC4 Lusso T, LaFerrari, LaFerrari Aperta, and Portofino. According to Ferrari, the brake fluid reservoir cap did not provide proper ventilation for the braking system, and the manufacturer asked dealers to replace the caps.
However, according to owners, replacing the brake reservoir cap is just a temporary fix and does not address some issues, specifically with the rear seal that can fall out of place, causing brake fluid to leak from the master cylinder into the brake booster. The lawsuit states that Ferrari should also replace the master cylinders. The lawsuit was filed by seven customers who own cars, including the 488 GTB, 430 Spider, California, 488 GTB, California T, 488 Spider, and 458 Italia. Ferrari 488 GTB owner Jeffrey Rose is the lead plaintiff. In June 2020, he purchased a pre-owned 488 GTB from a dealer, but about a year later, a “low brake fluid level” message appeared on the screen.
He carefully drove home and attempted to park the car. However, the brakes ceased to function, and it slowly began to roll across his yard. He “frantically unbuckled his seatbelt” and jumped out of the car before it rolled into the pond behind his house. At the end of 2022, a judge dismissed the lawsuit, but the plaintiffs were allowed to amend it and file a new lawsuit. And they did just that.
Now, some aspects of this new lawsuit have been approved, while others were dismissed by the court. According to, Judge Jamel K. Semper dismissed several claims against Ferrari, including national class action claims. It is important to note that these claims were dismissed without prejudice, meaning they can be amended and resubmitted. As is usually the case, there is a possibility that this lawsuit will slowly progress through the courts and could take years before a final resolution or agreement.
