AUTOBAHN BMW Fort Worth ragged my car and wrecked/totaled it on a test drive! [case now closed - after 16 months...] - Page 183 - BMW M5 Forum and M6 Forums
E60 M5 and E61 M5 Touring Discussion 2005- Advertiser's Forum

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post #1821 of 1905 Old 11th November 2011, 06:22 PM
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Time Zone

During the trial, the defense repeatedly tried to use this thread against Tommy. One of the things that really annoyed me was that Grant Liser, the defense attorney, kept pointing out the date and time of Tommy's messages, which were NOT adjusted for our local time zone (Central Standard/Daylight Time). Even Tommy was unaware of this and although he questioned the times, he was forced to agree that the time on the print-outs were correct.

So, to the jury, it looked like he was making most of his replies at around 2 AM. While I believe that that there is nothing wrong with reading forums at two in the morning, it seemed that Grant was trying to make Tommy look bad. I assume that Grant was unaware of the discrepancy since he appeared to be technically challenged. If not, then I would think it would be illegal to repeatedly read incorrect facts into the public record during the trial.

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post #1822 of 1905 Old 11th November 2011, 06:28 PM
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post #1823 of 1905 Old 11th November 2011, 06:29 PM
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^^^What content of this thread could possibly have been used against him in this?

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post #1824 of 1905 Old 11th November 2011, 06:49 PM
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Tommy-

The highest praise for your determination/fortitude to see it through.

Against the timely backdrop of Veteran's Day and the national groundswell against corporate "greed", I'm curious whether this "feel-good" story of victory for the everyman over a shameful car dealer now achieves "newsworthy" status in the local press -- the same press that could not be bothered when considering their own best interests (e.g. ad-revenues) before.

Congrats to you and yours, sir.
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post #1825 of 1905 Old 11th November 2011, 06:52 PM
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Quote:
the trial, the defense repeatedly tried to use this thread against Tommy. One of the things that really annoyed me was that Grant Liser, the defense attorney, kept pointing out the date and time of Tommy's messages, which were NOT adjusted for our local time zone (Central Standard/Daylight Time). Even Tommy was unaware of this and although he questioned the times, he was forced to agree that the time on the print-outs were correct.

So, to the jury, it looked likeDuring he was making most of his replies at around 2 AM. While I believe that that there is nothing wrong with reading forums at two in the morning, it seemed that Grant was trying to make Tommy look bad. I assume that Grant was unaware of the discrepancy since he appeared to be technically challenged. If not, then I would think it would be illegal to repeatedly read incorrect facts into the public record during the trial.

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I don't see how this thread or this forum has any bearing at the case at the hand. Seems like the defense was desperate, and trying to paint TJ as vindictive.

Additionally, its freedom of speech, and TJ can't control the internet masses and what gets posted on here.

Shotty defense if you ask me, with stupid smug lawyers on their part.

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Last edited by mdyaman; 11th November 2011 at 06:53 PM.
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post #1826 of 1905 Old 11th November 2011, 07:04 PM
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^^^What content of this thread could possibly have been used against him in this?
The defense tried to make it look like Tommy was out to get Autobahn for a ton of money using his replies. I feel like it was a really weak attempt and that they failed miserably.
"Any other advise besides squeezing the GM's little head?"
"We have some good ideas on how to crush these guys!"

I believe that he has every right to be angry at Autobahn BMW. During the time spent reading Tommy's posts and the time I spent with him this week at the trial, the few "emotionally charged" statements he made were incredibly mild compared to what most people would make. It has been a very stressful 15 months for him and his wife. I really admire his determination and courage to stand up for what is right. I now understand why many people accept settlements. It's emotionally and financially draining to go through a trial. Not only has Tommy served his country in the military, but he has also served his community by standing up to Autobahn's injustice.
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post #1827 of 1905 Old 11th November 2011, 07:32 PM
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Congratulations Tommy. It's reassuring to me that our justice system still works.... most of the time. I haven't posted much throughout this ordeal, but thanks for having the courage and patience to see this through.

I'd also like to mention what a reminder it is that a forum like this can have such an impact. This thread will affect this dealership for many years to come, far longer than the courtroom will.

This is an awesome community.

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post #1828 of 1905 Old 11th November 2011, 07:33 PM
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Autobahn BMW technician's statement

You folks are going to LOVE this! Here is the complete statement from Aaron Skates, the Autobahn BMW technician that wrecked Tommy's M5.

"Client complained of the oil level reading 1qt low after his last service. I performed an oil service and to verify the correct level, I had to warm the engine up so that the level could be read through the I-drive. I was in a hurry to get the car back to the client. While driving, I pushed the M button, not to go faster or to "hot rod". As a technician, I need to be familiar with how the car reacts to a simple push of a button. Unfortunately, the client had the vehicles M-Dynamic settings to where the traction control came completely disabled when the M button is pushed. I was unaware this was possible and when the Traction Control Light came on in the cluster and the warning tone sounded, this caught me off guard and I thought there was a problem with the vehicle. While still in a hurry, I became distracted while going through a round-about at the intersection of Cullen St and Foch. I was coasting into the turn at approx. 30mph as there was no traffic. When I came out of the round-about, I accellerated as I would in normal conditions. With the traction control turned off and both rear tires at 0mm of tread left, the back end of the vehicle stepped out a little bit and was pushing me toward the curb on the right side of the street. I braked hard and tried to steer away from the curb, but it was too late. I hopped the curb with the right front wheel, went through a driveway entrance and hit the curb again with the same right front wheel. I got out of the car and with no injuries to myself, I locked the car and walked back to the service dept."

To be clear, Autobahn never denied that their tech caused the accident. However, as part of their defense, they used this statement to claim that Aaron Skates was no longer acting in the scope of his employment because he pressed the M button. Unbelievable!
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post #1829 of 1905 Old 11th November 2011, 07:50 PM
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Quote:
Originally Posted by pondermatic View Post
You folks are going to LOVE this! Here is the complete statement from Aaron Skates, the Autobahn BMW technician that wrecked Tommy's M5.

"Client complained of the oil level reading 1qt low after his last service. I performed an oil service and to verify the correct level, I had to warm the engine up so that the level could be read through the I-drive. I was in a hurry to get the car back to the client. While driving, I pushed the M button, not to go faster or to "hot rod". As a technician, I need to be familiar with how the car reacts to a simple push of a button. Unfortunately, the client had the vehicles M-Dynamic settings to where the traction control came completely disabled when the M button is pushed. I was unaware this was possible and when the Traction Control Light came on in the cluster and the warning tone sounded, this caught me off guard and I thought there was a problem with the vehicle. While still in a hurry, I became distracted while going through a round-about at the intersection of Cullen St and Foch. I was coasting into the turn at approx. 30mph as there was no traffic. When I came out of the round-about, I accellerated as I would in normal conditions. With the traction control turned off and both rear tires at 0mm of tread left, the back end of the vehicle stepped out a little bit and was pushing me toward the curb on the right side of the street. I braked hard and tried to steer away from the curb, but it was too late. I hopped the curb with the right front wheel, went through a driveway entrance and hit the curb again with the same right front wheel. I got out of the car and with no injuries to myself, I locked the car and walked back to the service dept."

To be clear, Autobahn never denied that their tech caused the accident. However, as part of their defense, they used this statement to claim that Aaron Skates was no longer acting in the scope of his employment because he pressed the M button. Unbelievable!
Weak. Very, very, weak.

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post #1830 of 1905 Old 11th November 2011, 08:01 PM
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