A man in New Jersey has filed a lawsuit against BMW and Bridgestone for selling tires that “suffer catastrophic failure after mere months of use”, according to Courthouse News Service.
The man is attempting to have his case converted to a class action lawsuit so other consumers can join him in his fight. According to Courthouse News Service, David Greene noticed a bubble in the left-rear tire of his Potenza run-flat tire within six months of leasing his 2010 BMW 335i convertible.
According to his lawsuit, after noticing the bubble, three more bubbles developed on his tires within 14 months of his lease and 14,000 miles. He said the car became an unbearable ride and was excessively noisy because of the bubbles.
Greene notified BMW representatives, who allegedly told him that he “was [in] a dangerous situation and that he should immediately replace” his tires, which were supposedly experiencing a “normal problem.”
Greene also allegedly notified Paul Miller BMW in Wayne, N.J., the dealership he was leasing the vehicle from. He alleges that the dealership refused to “remedy the defects”. Because the car only accommodates Potenza tires, Greene ended up having to buy a pair off eBay, which he says are prone to deflate, pop or sustain bubbles from driving on normal roadways. In his lawsuit, he claims that some Potenza-equipped BMWs average four or more flats annually.
Greene hopes his lawsuit reaches class action status and is asking for compensation under the Magnuson-Moss Warranty Act, the New Jersey Consumer Fraud Act and other statutes, according to Courthouse News.
A New Jersey judge dismissed several of Greene’s claims in 2012; however, the breach of implied warranty of merchantability claim remains intact. Greene has an opportunity to present the claims that were dismissed in an amended complaint. The class action certification has not yet been ruled upon.
It should be noted that defective tires can lead to car accidents causing serious personal injuries like spinal cord injuries and brain injuries. They can also lead to the wrongful death of a loved one.
We have represented many consumers in class action lawsuits against automakers who have put out defective products. If you have any interest in speaking with the attorney about a defective auto part, please contact Gary S. Graifman, Esq., toll free at (800) 711-5258 to schedule a free initial consultation or complete the form on this page to let our skilled attorneys review your case.
KGG’s Corner: According to Michelin, an estimated 23,000 car accidents occur each year because of tire blowouts.
Kantrowitz, Goldhamer & Graifman, P.C. – Class Action Lawyers