#1369723, James Nigro v. Ferrari of N. America et al., filed 5/21/10

Defendant’s Attorney: Richard L. Stuhlberg

Verdict: Defense                                     Dept. 6,  Hon. Judge Denise de Bellefeuille

Plaintiff purchased a 2008 Ferrari Spider with a lump sum payment of $247,348.66.  The car had 48 miles on it at the time of sale.  Plaintiff alleged a substantial defect relating to repeated failures to start because of dead batteries.  Plaintiff claimed the vehicle required no less than five repairs, which never resolved the condition.  Defendants contended Plaintiff was primarily responsible for the condition by not driving the vehicle the required 620  miles per month, as set forth in the owner’s manual.  Based on the history of repairs, Plaintiff drove the vehicle an average of one hundred and thirty-one miles per month, causing the batteries to  be unable to hold a charge.  Defendants provided new batteries to Plaintiff on multiple repair attempts, as well as  a battery charger, but Plaintiff never increased his monthly mileage average to meet the manufacturer’s recommendations.  Jury returned a defense verdict after deliberating one hour.

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