AUTOBAHN BMW Fort Worth ragged my car and wrecked/totaled it on a test drive! [case now closed - after 16 months...] - Page 153 - BMW M5 Forum and M6 Forums
E60 M5 and E61 M5 Touring Discussion 2005- Advertiser's Forum

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post #1521 of 1905 Old 9th May 2011, 06:01 PM
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Quote:
Originally Posted by tjav8b View Post
This will not shock anyone but the trial has been pushed to September 19th. This will be over 13 months after the crash date!
Thanks to everyone for keeping up with the story.

-Tommy
Thanks for the update Tommy although it's definitely not what everyone wants to here; you least of all.

In the meantime, what are you driving? Did you go ahead and fix the M5 or is it still in the crashed state for "evidence" in your case?

2006 M5 Blk/Blk/Alum Fully Loaded
Engine: FAMS Tune | RPI Ceramic Coated Headers + GTS Exhaust w/Gloss Black Tips and Red RPI Logo + Ram Air Scoops + BMC Filters + Block-Off Plates + Pulley + Oil Cooler | Dinan 3.91 Diff | Sprint Booster V2 | Euro SMG LC Tune
Wheels, Susp & Brakes: Neez QD7s 20x9-10 | PSSs | KW V3s | Dinan FRC + Rear Sway Bar + Front & Rear CF Strut Braces | Brembo 380mm BBKs
Exterior: Modified Hartge Splitter | Hartge Diffuser | Vorsteiner CF Trunk Spoiler| Side Skirt Extensions | CF Lower Mirror Covers | CF Side Gills
Interior: RDSport Alum Pedals | Hardwired V1 | BlackVue DR750S-2CH Dash Cams | iPod Integration Kit | BSW Stage 1 Speakers | Earthquakes SWS Subs w/HiFonics Zeus 500W Amp | Flat Bottom Steering Wheel w/CF Trim | AS Designs Red Tachometer
Lighting: LCI Headlights and Taillights Conversion | MTEC V3 AEs | Trinity Autosport Interior LEDs | F10 Style Smoked LED Side Markers
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post #1522 of 1905 Old 9th May 2011, 08:03 PM Thread Starter
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Quote:
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In the meantime, what are you driving? Did you go ahead and fix the M5 or is it still in the crashed state for "evidence" in your case?
Still driving the Toyota Corolla. M5 is in my garage. It is still in the same condition (although I did wash it) and will remain so until this is over.

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post #1523 of 1905 Old 9th May 2011, 08:28 PM
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why was it pushed to Sept?

is the Dealership trying to stall efforts in hopes that you will give up?

Retired: 2006 e46 ///M3 Silver-Gray SMG (sold)

Current: 2008 e60 DINAN
///M5 Interlagos Blue SMG
DINAN 3.91 Differential, Stage 2 Suspension, Free-flow exhaust, Stage III Software, Front strut braces,
High Flow Air mass meters and intakes, 13% Underdrive pulley, RPI Scoops. 12.5mm TMS Spacers.

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post #1524 of 1905 Old 9th May 2011, 09:59 PM
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I don't know how things are done in the Courts of the Great State of Texas but a 13 month turnaround trial date for a property damage case in New York Supreme Court is unheard of fast. Is that the actual trial date or merely the first appearance?

I'm sorry I was following regularly earlier on when settlement was discussed but have not been since and this post is one of the longest out there.

I'm sure your trial counsel knows this but if they have the daring to step foot in the courtroom and try this case, their "quality care of fine automobiles" should be made a public issue. They should be paraded around like the circus they have allowed this case to turn into and have to deal with the consequences of not coming forward with a serious offer early on.

Even though I typically do defense work, I think defending the beast from such brutality is the issue here.

Best of luck from the M5 brethren.

KGP
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post #1525 of 1905 Old 9th May 2011, 10:18 PM
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Cazy. Soon 800 000 views even before court date!

Quote:
Originally Posted by tjav8b View Post
This will not shock anyone but the trial has been pushed to September 19th. This will be over 13 months after the crash date!
Thanks to everyone for keeping up with the story.

-Tommy


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post #1526 of 1905 Old 9th May 2011, 10:25 PM
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Quote:
Originally Posted by KGP,Esq View Post
I don't know how things are done in the Courts of the Great State of Texas but a 13 month turnaround trial date for a property damage case in New York Supreme Court is unheard of fast. Is that the actual trial date or merely the first appearance?

I'm sorry I was following regularly earlier on when settlement was discussed but have not been since and this post is one of the longest out there.

I'm sure your trial counsel knows this but if they have the daring to step foot in the courtroom and try this case, their "quality care of fine automobiles" should be made a public issue. They should be paraded around like the circus they have allowed this case to turn into and have to deal with the consequences of not coming forward with a serious offer early on.

Even though I typically do defense work, I think defending the beast from such brutality is the issue here.

Best of luck from the M5 brethren.

KGP
I bet you they've been filing motions to postpone the date to try and wear him out. Disgusting tactics to avoid making things right.
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post #1527 of 1905 Old 9th May 2011, 10:46 PM
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Unfortunately with big corporate defendants, that's part of the tactics. Typically plaintiffs counter the unfairness of the eager to bill eager to delay adversary by having their case on contingency.


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I bet you they've been filing motions to postpone the date to try and wear him out. Disgusting tactics to avoid making things right.

Last edited by KGP,Esq; 9th May 2011 at 10:48 PM.
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post #1528 of 1905 Old 9th May 2011, 10:46 PM
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Similar story happened in alhambra, ca but it was a new 750. A friend of mine lives right by the dealership and saw it all go down. Turns out it was a new car and nobody had bought it yet. Needless to say the guy was fired. Sad story on your part man. I wish you the best of luck but you should be fine. Maybe you will end up owning a new dealership when this is sll said and done. Best of luck.
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post #1529 of 1905 Old 9th May 2011, 10:50 PM
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Quote:
Originally Posted by KGP,Esq View Post
Unfortunately with big corporate defendants, that's part of the tactics. Typically plaintiffs counter the unfairness of the eager to bill eager to delay adversary by having their case on contingency.
That's good! They prob want to delay this as much as possible so they can make things foggy in memory when they get deposed.

Edit: Nice edit

Last edited by E55AMG2; 9th May 2011 at 10:53 PM.
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post #1530 of 1905 Old 9th May 2011, 10:51 PM
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Quote:
Originally Posted by KGP,Esq View Post
Unfortunately with big corporate defendants, that's part of the tactics. Typically plaintiffs counter the unfairness of the eager to bill eager to delay adversary by having their case on contingency.
Nice quick editing job there. hahaha

2006 M5 Blk/Blk/Alum Fully Loaded
Engine: FAMS Tune | RPI Ceramic Coated Headers + GTS Exhaust w/Gloss Black Tips and Red RPI Logo + Ram Air Scoops + BMC Filters + Block-Off Plates + Pulley + Oil Cooler | Dinan 3.91 Diff | Sprint Booster V2 | Euro SMG LC Tune
Wheels, Susp & Brakes: Neez QD7s 20x9-10 | PSSs | KW V3s | Dinan FRC + Rear Sway Bar + Front & Rear CF Strut Braces | Brembo 380mm BBKs
Exterior: Modified Hartge Splitter | Hartge Diffuser | Vorsteiner CF Trunk Spoiler| Side Skirt Extensions | CF Lower Mirror Covers | CF Side Gills
Interior: RDSport Alum Pedals | Hardwired V1 | BlackVue DR750S-2CH Dash Cams | iPod Integration Kit | BSW Stage 1 Speakers | Earthquakes SWS Subs w/HiFonics Zeus 500W Amp | Flat Bottom Steering Wheel w/CF Trim | AS Designs Red Tachometer
Lighting: LCI Headlights and Taillights Conversion | MTEC V3 AEs | Trinity Autosport Interior LEDs | F10 Style Smoked LED Side Markers
Coded Options: Folding Side Mirrors, Windows and Moonroof w/Remote | Deleted "Accept" Screen | Turn Signals in HUD | Real Speed in OBC Screen | Automatic Heated Seats Controls in iDrive
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