Casey V. Bmw of North America
Case 2:19-cv-14761 Document 1 Filed 07/05/19 Page 1 of 22 PageID: 1 UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY ––––––––––––––––––––––––––––––––––––––––– x DANIEL CASEY, individually on : behalf of himself and all others similarly : situated, : Case No. : Plaintiff, : CLASS ACTION COMPLAINT v. : FOR: : : (1) Breach of Express Warranty; BMW OF NORTH AMERICA, LLC, a Delaware : (2) Breach of Implied Warranty; limited liability company, : (3) Violation of N.J.S.A. § 56:8-1, : et seq.; Defendant. : (4) Magnuson-Moss Warranty : Act; and : (5) Unjust Enrichment. : : : : : ––––––––––––––––––––––––––––––––––––––––– x Plaintiff Daniel Casey brings this case against Defendant BMW of North America (hereinafter, “BMW” or “Defendant”) by and through his attorneys, individually and on behalf of all others similarly situated and alleges, upon personal knowledge as to his own conduct, and upon information and belief as to the conduct of others, as follows: NATURE OF THE ACTION 1. Plaintiff represents a class of BMW motorcycle owners. The motorcycles were sold with defective gear indicators which intermittently displayed the wrong gear or did not indicate any gear at all. 1 Case 2:19-cv-14761 Document 1 Filed 07/05/19 Page 2 of 22 PageID: 2 2. In doing so, the defective gear indicators can cause multiple problems for motorcycle drivers and can lead to accidents and other safety issues. 3. The defective gear indicators are found on Model year 2003-2019 F, K, G, R, HP2, and S series BMW motorcycles (the “Motorcycles.”).1 4. The Motorcycles’ gear indicators have been the subject of numerous consumer complaints. 5. BMW has long known about the problem but has not notified consumers.
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