AUTOBAHN BMW Fort Worth ragged my car and wrecked/totaled it on a test drive! [case now closed - after 16 months...] - Page 90 - BMW M5 Forum and M6 Forums
E60 M5 and E61 M5 Touring Discussion 2005- Advertiser's Forum

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post #891 of 1905 Old 29th September 2010, 07:44 PM
bsocks
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Dannboss, I think it was actually "during" the oil change test drive....but excellent work. Proof that a picture is still worth a thousand words.
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post #892 of 1905 Old 29th September 2010, 07:47 PM
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The potential problem with that picture is that it looks like the damage ripped off the bumper and hood..etc.. which it didn't.

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post #893 of 1905 Old 29th September 2010, 07:50 PM
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DanBoss,

have you talked to the OP to see if he will endorse a billboard? We need to be cautious here as to not jeopardize the OP's case.

I'm all in favor of a billboard so long as the OP is good with it, and the billboard is smart, yet tactful that presents a clear message based on the facts.

Perhaps pm the OP.

If all is well, let us know, and i'll paypal over some money to the account you established.

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post #894 of 1905 Old 29th September 2010, 07:53 PM
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Quote:
Originally Posted by bsocks View Post
Dannboss, I think it was actually "during" the oil change test drive....but excellent work. Proof that a picture is still worth a thousand words.
Fixed. Looks like an actual billboard, lol. I could actually see that.
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post #895 of 1905 Old 29th September 2010, 07:54 PM
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Quote:
Originally Posted by bsocks View Post
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.

Even if BMW USA steps in an offers a new car / CPO car, should tjav8b drop the suit? I wouldn't think so. This type of idiotic behavior must be dealt with to deter future transgressions. This situation also feels right for punitive damages....

What are people's thoughts on an online petition to BMW USA? I am not sure what to ask, this would have to come from tjav8b. I am willing to sign such a petition as I am sure thousands of other loyal BMW customers are.

"Aerodynamics are for people who cannot build engines"...... Enzo Ferrari
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post #896 of 1905 Old 29th September 2010, 07:57 PM
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Quote:
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Fixed. Looks like an actual billboard, lol. I could actually see that.
He is unable to support or stand against any type of independent action. I did speak with him via PM and he would like to stay neutral as a result of the case. However, if this will in any way jeopardize the case he has, I don't want to do it.

So I will defer to the OP as to his thoughts on potential impact. I will let you know.

UPDATE:

The OP cannot encourage OR discourage any type of action. Facts are facts, and if they end up on a billboard it is not at the support or discouragement of the OP. I really don't want to get sued, even if I would win, so perhaps something else should be considered.

Last edited by dannboss; 29th September 2010 at 08:18 PM.
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post #897 of 1905 Old 29th September 2010, 08:55 PM
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I like the on-line petition idea to BMW NA

I would sign.
I would get my wife to sign.
I would get my office manager to sign.

3 BMW owners right there
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post #898 of 1905 Old 29th September 2010, 09:17 PM
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Quote:
Originally Posted by YAZ17 View Post
I like the on-line petition idea to BMW NA

I would sign.
I would get my wife to sign.
I would get my office manager to sign.

3 BMW owners right there
Count me and my wife in for the petition.

5 BMW owners right there

Mike

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post #899 of 1905 Old 29th September 2010, 09:27 PM
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Originally Posted by bimmersrus View Post
Count me and my wife in for the petition.

5 BMW owners right there

I'm in as well...
my girlfriend's mom has an X5, she is in too!

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post #900 of 1905 Old 29th September 2010, 11:02 PM
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