TL* THE CONTACT OWNS A 2004 INFINITI Q-X56. THE VEHICLE WAS HAVING A ROUTINE OIL CHANGE WHEN THE DEALER INFORMED HIM THAT THE FRONT BRAKE PADS WERE DEFECTIVE. THE BRAKE PADS WERE REPLACED AT THAT TIME. WHILE DRIVING HOME FROM THE DEALER AT UNKNOWN SPEEDS, THE BRAKES DID NOT FEEL NORMAL AND TOOK THE VEHICLE BACK TO THE DEALER. THE DEALER ADVISED THAT THE BRAKES WERE NORMAL AND WOULD FEEL UNCOMFORTABLE UNTIL THEY WERE BROKEN IN. THE NEXT DAY WHILE DRIVING AT 55 MPH AND APPLYING THE BRAKES, THE BRAKES WOULD NOT ENGAGE AND THE CONTACT CRASHED INTO A GUARD RAIL. THE CONTACT SUFFERED INJURIES TO HIS RIGHT FOOT. THE VEHICLE WAS DESTROYED. THE CONTACT WAS TRANSPORTED TO THE HOSPITAL AND ONE THIRD OF HIS FOOT WAS AMPUTATED DUE TO THE INJURY SUSTAINED IN THE CRASH. A POLICE REPORT WAS AVAILABLE. THE MANUFACTURER SENT AN INVESTIGATOR TO FURTHER ASSESS THE FAILURE IN THE VEHICLE BUT WAS RULED AS INCONCLUSIVE DUE TO THE EXTENSIVE DAMAGE TO THE VEHICLE. THE MANUFACTURER ADVISED THE CONTACT TO ADDRESS THE FAILURE WITH HIS INSURANCE COMPANY. THE FAILURE MILEAGE WAS 100,000.