AUTOBAHN BMW Fort Worth ragged my car and wrecked/totaled it on a test drive! [case now closed - after 16 months...] - Page 180 - BMW M5 Forum and M6 Forums
E60 M5 and E61 M5 Touring Discussion 2005- Advertiser's Forum

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post #1791 of 1905 Old 11th November 2011, 01:08 AM
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Quote:
Originally Posted by bsocks View Post
I have known Tommy's attorney for 16+ years both personally and professionally (I only offer this so everyone will know that I have received this info directly from her in the past few hours),

the Jury awarded Tommy approximately $160,000 USD in damages consisting of about $60,000 in actual damages for his losses and about $100,000 for the attorney's fees he has incurred in pursuing this claim.

The judge will enter a judgment after considering both sides arguments on the form of the judgment and whether there is any legal basis for modifying those numbers. (Under Texas law, the judge may adjust the awards for certain reasons, such as increasing the attorney's fees if Tommy was awarded more than a settlement offer).

I will be visiting with his attorney at length in the coming days to get more info, and, with her permission, will let everyone know more details. I do understand that the cross examination of the Autobahn corporate representative went quite well.
Many thanks for posting this. I wish I could have been there for the service managers testimony after his story changed so many times.

dj

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post #1792 of 1905 Old 11th November 2011, 01:23 AM
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Depending on how the verdict is issued, the $60K plus keeping and parting out/selling the original car could end up being about an $80-85K judgement...enough to buy a new 2010.

If the original car goes to the dealer as a condition of collecting the $60K that's a different story.

2012 X5d
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post #1793 of 1905 Old 11th November 2011, 01:32 AM
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What was Tommys car worth before this happened?

I can't get a handle on th figures.

Anyway... Well done Tommy/Lisa.

Cheers
Jay
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post #1794 of 1905 Old 11th November 2011, 01:34 AM
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Quote:
Originally Posted by bsocks View Post
I have known Tommy's attorney for 16+ years both personally and professionally (I only offer this so everyone will know that I have received this info directly from her in the past few hours),

the Jury awarded Tommy approximately $160,000 USD in damages consisting of about $60,000 in actual damages for his losses and about $100,000 for the attorney's fees he has incurred in pursuing this claim.

The judge will enter a judgment after considering both sides arguments on the form of the judgment and whether there is any legal basis for modifying those numbers. (Under Texas law, the judge may adjust the awards for certain reasons, such as increasing the attorney's fees if Tommy was awarded more than a settlement offer).

I will be visiting with his attorney at length in the coming days to get more info, and, with her permission, will let everyone know more details. I do understand that the cross examination of the Autobahn corporate representative went quite well.
Thanks for the info.

It seems like TJ is going to win this case, but it seems rather anti-climatic. I was expecting more award in punitive damages for all TJ had to endure. I believe TJ should get more than $60 K. Glad that his lawyer expenses will be taken care of , $100 K is a lot. Though I'm sure TJs lawyer was worth every penny.

Even though A-Bahn will likely lose, will they be scarred from this? Did they learn their lesson? I'd be curious if they suffered any tangible losses, such as loss in customers.

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Last edited by mdyaman; 11th November 2011 at 01:37 AM.
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post #1795 of 1905 Old 11th November 2011, 01:35 AM
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$60k seems low considering he has been without a car for, what, a year.... I would have thought there would be another component, loss of companionship or whatever.

ANYWAY, good to hear Autobahn will pay $160 plus another $100k++ to their attorney.

They were wrong, Tommy was right- and the jury agreed.

When will the award/order post? This will hit other auto sites in the next week I bet!



A

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post #1796 of 1905 Old 11th November 2011, 01:42 AM
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Congrats to the OP, but I'm shocked how much attorneys make!

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post #1797 of 1905 Old 11th November 2011, 03:30 AM
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I would have thought that he would have gotten more than $160,000.00, with 100K going to his attorney. That just doesn't seem right, 60K for your destroyed M5 I just don't understand. New off the showroom floor you would be lucky to get a M5 for 80K, and thats just the basic setup, WHAT GIVES?

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post #1798 of 1905 Old 11th November 2011, 03:50 AM
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That just doesn't seem right, 60K for your destroyed M5 I just don't understand. New off the showroom floor you would be lucky to get a M5 for 80K, and thats just the basic setup, WHAT GIVES?
Probably depreciation and they are going on the assessed value of the car just prior to the accident.

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post #1799 of 1905 Old 11th November 2011, 04:07 AM
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sorry if im late what was the final outcome of this situation with the OP...??

i hope everything worked out well
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post #1800 of 1905 Old 11th November 2011, 04:26 AM
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While not a perfect outcome...its a great win for Tommy. He has enough cash to get an M5 newer then the one that was killed by AB. I believe his was an 07 model year with +30k miles. Now he could get a 09 low miles with some warranty left on it.

I am just happy justice was served and it cost AB 260K plus whatever lost customers this has caused. I know everyone I tell this stoy to that owns a BMW all state they are not ever going to go to AB for service again....I live in the Dallas area so direct impact to AB.

Tommy...We are all happy for you. Its been a long road, but now its over and you can move on. Good Luck in your car shopping!

Last edited by 1hotm5; 11th November 2011 at 04:28 AM.
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