AUTOBAHN BMW Fort Worth ragged my car and wrecked/totaled it on a test drive! [case now closed - after 16 months...] - Page 181 - BMW M5 Forum and M6 Forums
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post #1801 of 1905 Old 11th November 2011, 04:44 AM
Hasan Shaikh
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Congratulations! Tommy!

I am glad that Tommy's claims have been recognized and he has been offered a fair compensation.

What constitutes a fair compensation is subjective and we should respect the decision of the court.

IMHO! Tommy has won more than damages here and I am sure this law suit will set a very good precedent for all the dealerships around the world.

I would also like to thank Tommy for his courage and patience.

Good Luck!
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post #1802 of 1905 Old 11th November 2011, 05:23 AM
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Hopefully Tommy's attorney fees aren't quite 100K and Tommy can keep at least a small portion of that 100K also. Not sure if Tommy is given the 160K and he pays the attorney fees out of that? Hopefully there may have been a slight overestimation of the fees to cover some mods on his new car. I'm hoping your attorney at least bought the drinks Tommy!

Congratulations, and especially...HAPPY VETERANS DAY TOMMY!!!

Life is not a journey to the grave with the intention of arriving safely in a pretty and well-preserved body, but rather to skid in broadside, thoroughly used up, totally worn out and loudly proclaiming: "WOW! WHAT A RIDE!!"

DO EPIC S#!T!!!
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post #1803 of 1905 Old 11th November 2011, 05:24 AM
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Congrats Tommy!!! I've been tracking this thread since the beginning.

I'm sure AB is reading this too.....AB: You got what you deserved and I wish nothing but bad things to go your way in the future.
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post #1804 of 1905 Old 11th November 2011, 05:34 AM
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Congratulations Tommy!!

Happy Veterans Day !!!

Mike

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post #1805 of 1905 Old 11th November 2011, 05:48 AM
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post #1806 of 1905 Old 11th November 2011, 06:04 AM
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Quote:
Originally Posted by USAF View Post
Hopefully Tommy's attorney fees aren't quite 100K and Tommy can keep at least a small portion of that 100K also. Not sure if Tommy is given the 160K and he pays the attorney fees out of that? Hopefully there may have been a slight overestimation of the fees to cover some mods on his new car. I'm hoping your attorney at least bought the drinks Tommy!

Congratulations, and especially...HAPPY VETERANS DAY TOMMY!!!
+1!

Eric
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post #1807 of 1905 Old 11th November 2011, 06:11 AM
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I'm looking forward to hearing what the judge has to say and how TJ feels about the decision. If this achieved his goals then justice has been served well.

dj

“Sometimes I’ve believed as many as six impossible things before breakfast.” – Lewis Carroll
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post #1808 of 1905 Old 11th November 2011, 07:19 AM
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from what I read; the total compensation is 160K, with 100K to Tommy's lawyer and 60K to Tommy. But, as Hasan has said above: "What constitutes a fair compensation is subjective and we should respect the decision of the court." I couldn't agree more with that statement.
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post #1809 of 1905 Old 11th November 2011, 11:56 AM
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Quote:
Originally Posted by djazz View Post
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
Autobahn's service director attended the trial everyday as their corporate representative. His testimony was consistent with what happened and what he said in his discussions with Tommy. The service manager that first contacted Tommy about the accident was the one that fed him the BS story, which seems to be the tech's version of the incident.

One of the highlights of the trial was when Lisa asked the service director if he thought Autobahn BMW was responsible for the damages and he said "Yes".
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post #1810 of 1905 Old 11th November 2011, 12:44 PM
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Post The Jury's Decision

Here are the questions asked of the jury and their decisions.

Q1) Did Oscar Johns and Autobahn enter into a bailment contract? (bailment is when you deliver personal property to someone for a specific purpose, after which they return the property back to you)
A1) Yes

Q2) Did the negligence, if any, of Aaron Skates proximately cause the accident in question?
A2) Yes
The defense admitted that Aaron wrecked the car, but because he pushed the M button, he was no longer acting within the scope of his work and that Autobahn was not responsible for his actions.

Q3) Was the failure, if any, of Autobahn to comply with a warranty a producing cause of damages to Oscar Johns?
"Failure to comply with a warranty" means failing to perform services in a good an workmanlike manner.
"Producing cause" means a cause that was a substantial factor in bringing about the damages, if any, and without which the damages would not have occurred.
A3) Yes

Q4) At the time of the accident in question, was Aaron Skates acting in the scope of his employment with Autobahn?
A4) Yes

Q5A) Cost of repairs
A5A) $25,383.05
This was a little lower than the two estimates that the prosecution provided, but higher than the one that the defense provided.

Q5B) Loss of use of vehicle
A5B) $18,858.00
This was considerably less than the cost of renting an M5 for 16 months.

Q5C) Decrease in market value after repairs.
A5C) $12,500.00

Q5D) Difference in market value without repairs.
A5D) $36,250.00

Q5E) Reasonable value of time spent, if any, by Oscar Johns correcting or attempting to correct the breach of warranty, if any.
A5E) $2,900.00

Q6) Did Autobahn prove that a reasonably prudent person would not consider it economically feasible to repair the 2007 BMW M5 automobile?
A6) No
This was the answer that the prosecution asked for, which means that a reasonably prudent person WOULD consider the car economically feasible to repair. The defense asked they jury for a "Yes", even though their own witnesses testified that the car could be economically repaired.

Q7) What is a reasonable fee for the necessary services of Oscar John's attorney, stated in dollars and cents?
Q7A) For representation in the trial court.
A7A) $100,000.00
This was less than what was asked for.
The other 4 parts to this question were about representation fees in the court of appeals and Supreme Court of Texas, if it comes to that. The answers were all lower than what was asked for.


Remember, these are the jury's answer's. The court will decide the final damages, which will probably be very close and may happen by the end of this November.

As it stands, Tommy gets to keep the car and will be awarded $59,641.05. The prosecution's firm gets $100,000.00, which sounds high, but after learning of all the work that Lisa (and associates) put into this case over the past 15 months, I believe is actually too low.

Sorry for not replying earlier. Between the tension of waiting for the jury's decision and having a celebratory drink on an empty stomach, I was not feeling well.
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