AUTOBAHN BMW Fort Worth ragged my car and wrecked/totaled it on a test drive! [case now closed - after 16 months...] - Page 182 - BMW M5 Forum and M6 Forums
E60 M5 and E61 M5 Touring Discussion 2005- Advertiser's Forum

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post #1811 of 1905 Old 11th November 2011, 12:54 PM
messex
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Thanks for all the details, and can't wait to get the summary of the final settlement. I hope the Judge rules higher for Tommy.

Happy Veteran's Day!
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post #1812 of 1905 Old 11th November 2011, 02:04 PM
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Congratulations!!!

I believe that winning a case against a BMW dealership is a win by itself. Now the amount sounds low considering the time Tommy spent without his car plus the stress. The lawyer's fees sound high but I guess whiteout such a dedicated lawyer, the case could have turned upside down. I'm very glad that an individual like Tommy (a sole person) won against a big name and a big company!

How much was his M5 worth before the accident? I mean as long as he can buy the same exact car with same specs + any renaming cash, then that's fair to me. The fact that he might be able to get a newer 2008 - 2010 is better and fair.

We would love to hear Tommy's input and share his feelings.

A happy ending and I hope AB learned a major lesson.
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post #1813 of 1905 Old 11th November 2011, 02:15 PM
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I personally believe he should have gotten more for pain and suffering. To go from and E60 M5 to a Toyota Corolla is an embarrassment. Not knocking Toyota but that is going from 10 to 4 cylinders. Any enthusiast would agree that it was really a step down for him. It was for a year plus not like it was a week or two but a year plus. Also the fact that everyday he had to open his garage and see his car sitting all bang up every day is another blow, daily. He should have gotten more I feel but nevertheless the courts feel that what he receive was adequate enough for the situation. Glad you won Tommy Prayers still do work.

"Forgiveness is between them and God. It's my job to arrange the meeting" -John Creasy

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Last edited by Infamous Q; 11th November 2011 at 02:59 PM.
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post #1814 of 1905 Old 11th November 2011, 02:20 PM
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When Tommy gets his settlement, I hope he goes car shopping @ AB, and takes many test drives.





Happy Veterans Day
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post #1815 of 1905 Old 11th November 2011, 03:02 PM
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Quote:
Originally Posted by tmiked View Post
When Tommy gets his settlement, I hope he goes car shopping @ AB, and takes many test drives.





Happy Veterans Day



“Sometimes I’ve believed as many as six impossible things before breakfast.” – Lewis Carroll
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post #1816 of 1905 Old 11th November 2011, 03:48 PM
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Justice prevails! Congrats on the win!

Current - 2009 BMW E93 335i - Space Gray Metallic, 6 Spd. Steptronic AT,Cream Beige Dakota Leather,Gray Poplar Trim

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post #1817 of 1905 Old 11th November 2011, 04:54 PM Thread Starter
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Victory!

Gentleman,
Thank you for all your kind words and support in keeping interest in this case. I am not going to say too much about the trial until the judgment is completed but I will say I am completely satisfied with the overall decision. Please do not get concerned about the monetary value of the decision. My peers have spoken and I respect their findings. This case was never about a cash payout, it was about Autobahn not taken responsibility for its employee and not doing the right thing for its customer. Hopefully, this trial will provide case law to help someone in the future and force businesses to take responsibility.


I want to publicly thank fellow board members James (Pondermatic) and DJ (Djazz) for their M5Board representation and support at the trial. You two guys being there was a real comfort. In addition, thank you Carlos (from Dallas) for letting me use your M5 for testing purposes that reinforced my case. Last but not least, thank you Darren (DarrenDallas) for recommending my lawyer to me and letting me vent my frustrations from time to time.



I would also like to publicly thank my lawyer Lisa Lumley at Shannon Gracey in Fort Worth. Her dedication to my case was second to none. She knows her craft extremely well and it is amazing to watch her work in trial. Lisa, I can't thank you enough.


Yesterday was my United States Marine Corps birthday and I cannot think of a better way to end this story for now.


Your fellow board member,
Tommy Johns

07' M5 SILVER/BLACK
ESS VT2

Last edited by tjav8b; 11th November 2011 at 05:02 PM.
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post #1818 of 1905 Old 11th November 2011, 05:20 PM
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I don't think it's over

I'm glad the jury ruled in Tommies favor, but I don't think this is over. If Texas law is anything like Iowa law the insurance company has the right and probably will file an appeal. In Iowa Tommy wouldn't collect the money till all appeals are exhuasted and that might drag on for another year or two. Although the jury ruled in Tommy's favor they reduced the amount of what Tommy asked for, so they treated it like AB had just damaged a Civic. Let's pray that the judge is a car guy and up's the award. Good luck Tommy and I hope you at least break even when this mess is over and done with.
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post #1819 of 1905 Old 11th November 2011, 05:31 PM
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CONGRATS Tommy great Verdict very happy for you and your family. Happy Veterans Day what a great day to have the good news

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post #1820 of 1905 Old 11th November 2011, 05:56 PM
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Quote:
Originally Posted by ur20v View Post
What was Tommys car worth before this happened?

I can't get a handle on th figures.

Anyway... Well done Tommy/Lisa.

Cheers
Jay
The prosecution's appraiser testified that the car was worth $55,000 before the accident. I didn't write down the defense appraiser's value, but I remember it being in the low $40's (possibly $42,500). As Lisa pointed out, that number was ridiculous considering that Autobahn sold a 2007 M5 just two weeks after the accident for $51K. The defense argued that the $51K car had been CPO'd (Certified Pre-Owned), which would increase the value, and that Tommy's car was not. However, Tommy's car was not for sale (therefore was not evaluated by a BMW dealer for the certification) and they did not dispute that it probably would have been certified (had the car been up for sale by a BMW dealership). Lisa also pointed out that CPO cars are certified by the same dealer that is trying to sell the car. Sounds like a conflict of interest to me.

The jury decided that the pre-accident value was $48,750.
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