The lawsuit, filed by California resident Ronald Gray, claims the plaintiff purchased two different models of BMW E64 convertibles, both of which had the convertible top defect. Just months after purchasing both vehicles, the convertible tops would intermittently fail to open and close. Further, even if the tops appeared to be open or closed, the operation light would flash the "top not locked"message, which resulted in the trunks remaining locked.
Entitled Gray v. BMW of North America LLC, Case No. 13-cv-03417, in the U.S. District Court for the District of New Jersey, the lawsuit further contends "The Convertible Top Defect, which can cost up to $5,000 to repair or replace, is not simply an economic or aesthetic concern: it is also a serious safety hazard." And, the BMW Owner' Manual also states that driving without having the convertible top completely open or closed "can lead to damage or injury."
Gray alleges that BMW either knew, or should have known about the convertible top defect but instead concealed the safety defect, failing to disclose the defect to customers at the time of purchase or lease. If consumers had been aware in advance, of the defect, they would not have purchased or leased the vehicles, the lawsuit claims.
The defective products and consumer fraud class action lawsuit is brought on behalf of a proposed class of all current and former owners and lessees of any 2004-2010 model year BMW E64 (6 Series Convertible) vehicles. Plaintiffs are represented by Matthew R. Mendelsohn of Mazie Slater Katz & Freeman LLC.