The estate of a 92-year-old man killed in Bergen County two years ago filed a lawsuit Wednesday against the Ferrari automotive group accusing a dealership in New York of failing to remedy a faulty braking system that was under recall.
Albert Van Schnellbacher, a retired teacher and great-grandfather from Bergenfield, died after his SUV collided with a 2022 Ferrari Competizione about 2 p.m. on June 25, 2022, at the intersection of Windsor and Briarcliffe roads in Teaneck.
Scott P. Lieberman, 63, of Franklin Lakes, had purchased the sports car two months earlier and was driving recklessly at the time of the crash, according to a lawsuit filed in Superior Court in Bergen County.
Lieberman was charged with second-degree reckless manslaughter after investigators said he was speeding and crossed a double yellow line before colliding with Schnellbacher’s SUV.
Robert B. Linder, an Englewood attorney who filed the suit, said recall letters regarding the Ferrari Competizione were issued in March 2022. Lieberman purchased the car from Wide World Ferrari in Rockland County, New York, in June 2022, about two weeks before the crash, according to the suit.
In addition to a faulty, leaking braking system that should have been remedied before sale, the dealership did not offer buyers lessons on how to safely operate their cars, according to the lawsuit.
“These are essentially race cars that are operated on the roads across New Jersey,” Linder said.
Schnellbacher’s family first sued Lieberman on April 12, 2023. But after the family’s attorneys found out the car was allegedly under a recall that had not been honored, the complaint was amended this week to include Ferrari Group North America, World Wide Ferrari, and several dealership employees.
A representative of Wide World Ferrari and a spokesperson for Ferrari Group North America did not immediately respond to requests for comment on the lawsuit.
“Several months before the time the vehicle was sold to Lieberman by the dealership, Ferrari and the dealership were on notice of a recall regarding the braking system,” Linder said.
“Neither Ferrari nor the dealership took any remedial action to remedy the defect that gave rise to the recall before transferring the title to Mr. Lieberman,” he said. “The braking fluid leaked and it had an adverse affect on the ability to operate the brakes.”
The attorney said the dealership’s failure to fix the braking system in no way absolves Lieberman from civil responsibility in the crash.
“Lieberman is absolutely responsible as well for this accident,” the attorney alleged. “He was going well in excess of the speed limit at the time of the accident.”
Lieberman did not respond to a request for comment left on a cellphone in his name. Lieberman’s attorney was not immediately available to comment Thursday.
Linder said Schnellbacher’s death has left his close-knit family devastated.
“He was a very active 92-year-old gentleman,” Linder said. “At the time of the accident, he was running errands in preparation for a party he was having at his house for one of his grandchildren.”
Anthony G. Attrino may be reached at tattrino@njadvancemedia.com. Follow him on X @TonyAttrino. Find NJ.com on Facebook.
