AUTOBAHN BMW Fort Worth ragged my car and wrecked/totaled it on a test drive! [case now closed - after 16 months...] - Page 89 - BMW M5 Forum and M6 Forums
E60 M5 and E61 M5 Touring Discussion 2005- Advertiser's Forum

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post #881 of 1905 Old 29th September 2010, 05:35 PM Thread Starter
tjav8b
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Update 9

I know you guys will understand that I can't discuss details of a pending law suit but, I thought it would be helpful if you could read the actual claims that are being made. As you can see, we are seeking punitive damages, which my lawyer tells me ARE recoverable in situations like this, subject to what the judge and jury find, of course. Iím not trying to get rich off of this, but based on whatís happened, itís clear that Autobahn wonít learn its lesson unless thereís a penalty for its behavior.

Again, Thank you for all your support,
Tommy
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post #882 of 1905 Old 29th September 2010, 05:48 PM
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Quote:
Originally Posted by dannboss View Post
Guys,

I think some negative advertising would be a great thing. Whether that be someone in front with a sign, a billboard, or something else.

I did some research and there are billboards for rent in the area surrounding the dealership. It costs quite a bit though for 30 days, depending on the media type (billboard, side of a building, electronic, etc...). If you guys are really interested in doing something like this, I have setup a paypal account to gather funding to go directly to getting a billboard up and running. However, I don't want to do anything without the OP's consent. Furthermore, I would like for someone on this board who is an attorney to advise on what the billboard should read so that I won't get sued.

The paypal account setup for this is [email protected].

100% of all donations will go directly to the cost of advertising. All donations will be tracked, and refunds appropriately made if we don't raise enough. If we go over the needed amount. I will calculate what the amount per person should have been, and refund the difference. I will be 100% fair and honest in this.

I don't think we will receive anywhere near the amount necessary, but every little bit helps. I would like for the OP to PM me to discuss details and to get his assistance. If this is something you do not support, I will delete the account and move on. Please advise.

Promote the idea to friends. This is probably the only way we as a community can make a reasonable impact.
I heard from the OP via PM and he is neutral on the matter of an advertising campaign. This is an unaffiliated endeavor, as long as it is factual and representative. Therefore, if anyone is interested in donating to support a billboard or other type of advertising, I have setup the account above to do so.

I'll leave it up to you guys to decide what you want to do. I believe we need about $750.

Last edited by dannboss; 29th September 2010 at 06:02 PM.
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post #883 of 1905 Old 29th September 2010, 06:00 PM
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Thanks for sharing, Tommy, and best of luck.

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post #884 of 1905 Old 29th September 2010, 06:34 PM
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Quote:
Originally Posted by tjav8b View Post
I know you guys will understand that I can't discuss details of a pending law suit but, I thought it would be helpful if you could read the actual claims that are being made. As you can see, we are seeking punitive damages, which my lawyer tells me ARE recoverable in situations like this, subject to what the judge and jury find, of course. Iím not trying to get rich off of this, but based on whatís happened, itís clear that Autobahn wonít learn its lesson unless thereís a penalty for its behavior.

Again, Thank you for all your support,
Tommy

Good luck my friend.

I read your statement of claim and the only fact that I would add is that I believe you took your car in for regular service which doesn't require a rigorous test drive. If this is the case, why did the dealership take your car for an aggressive test drive? They were acting beyond their mandate, this may help with the punitive damages.

"Aerodynamics are for people who cannot build engines"...... Enzo Ferrari
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post #885 of 1905 Old 29th September 2010, 06:38 PM
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"Ferris Bueller wannabe" that is funny. A lawyer with a sense of humor ! I love it.

Go get them Tommy - Best of Luck
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post #886 of 1905 Old 29th September 2010, 06:56 PM
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Quote:
Originally Posted by tjav8b View Post
I know you guys will understand that I can't discuss details of a pending law suit but, I thought it would be helpful if you could read the actual claims that are being made. As you can see, we are seeking punitive damages, which my lawyer tells me ARE recoverable in situations like this, subject to what the judge and jury find, of course. Iím not trying to get rich off of this, but based on whatís happened, itís clear that Autobahn wonít learn its lesson unless thereís a penalty for its behavior.

Again, Thank you for all your support,
Tommy
Well written. Good luck with the case.
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post #887 of 1905 Old 29th September 2010, 07:08 PM
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Apologies if this has already been posted

But what a great image for this situation...
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post #888 of 1905 Old 29th September 2010, 07:24 PM
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Bill board is a bad idea. If they go out of business prior to his day in court. Well I think you can guess what the out come of the non trial will be.
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post #889 of 1905 Old 29th September 2010, 07:34 PM
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Quote:
Originally Posted by Mark Carson View Post
Careful with doing a billboard so no one (else) gets sued.

Something like:

The Service Department at Autobahn BMW in Ft Worth did this to my car on a 'Test Drive'
(and a photo of the crashed car)

would be accurate and factual without giving them any grounds to sue the sponsor of the billboard. Remember, it's not libel or defamation under the law if it's true!

Much as I agree in my heart with my buddy M6Cabrio, the statement ""Bring your car to Autobahn BMW in Ft Worth and this is what we will do to your car " is putting words in their mouth and would lead to someone getting sued for defamation or false advertising. Tread carefully my friends when twisting the knife into these crooks.
I have been following this quite closely for some time and have resisted the urge to post but, in light of the possibility that some members want to assist tjav8b (which is certainly understandable and extremely admirable) they should do so with a bit of caution. Autobahn will begin to feel the heat on this and may lash out with a SLAP (strategic lawsuit against protest) type lawsuit. That is, they may be tempted to sue anyone who protests them, therefore, anything that is placed on a billboard should be limited to clear facts, with no embellishment to limit the potential for Autobahn to hit back. (Yes, I am an attorney here in Texas and handle business litigation matters). truth is a defense to libel or slander but, it must be absolutely factually true. That won't prevent Autobahn from filing suit but it will make them look even worse should they do so.

As to punitive damages, I handle suits frequently that are based on the Texas Deceptive Trade Practices Act, and that Texas act permits an award of 3 times the actual damages if the jury makes certain findings about the defendant's conduct. The theory is to provide a serious deterrent to someone who harms their customer, the actions of Autobahn would seem to fit squarely within the Texas act.

I find it simply astounding that Autobahn has taken this course of conduct, particuarly since their jury appeal will be virtually nil under the facts set out in the lawsuit. I also find it even more unbelievable that BMW NA, which we know monitors this board, has not stepped in to use the power it holds under its dealer/franchise agreement to "suggest" to Autobahn that it resolve this immediately before there is further damage to the BMW name.

I guess this is proof positive that corporate beauraracies are becoming totally non functional and that common sense is far from common.
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post #890 of 1905 Old 29th September 2010, 07:42 PM
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Had to put something together:


Last edited by dannboss; 29th September 2010 at 07:53 PM.
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