On April 28, 2009, Summary Judgment was granted in favor of Automobili Lamborghini America, LLC, after the plaintiff sued for negligence and strict products liability stemming from a fire in his vehicle.
Rumberger, Kirk & Caldwell Attorneys Myron Shapiro and Brooke Guenot represented Lamborghini.
The plaintiff alleged that Lamborghini negligently failed to perform proper repair work and was strictly liable for its failure to properly design, manufacture, inspect and test the subject vehicle’s engine and clutch system. Citing the economic loss rule, it was argued that absent damage to person or property other than to the vehicle itself, the plaintiff’s tort claims were barred. Parties should protect against the risk of economic loss during contract negotiations through warranty provisions and price adjustments, rather than attempt to recover in tort after an alleged loss occurs. District Judge Moreno of the Southern District of Florida agreed, granting Summary Judgment in favor of Lamborghini.