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Date Posted: 11:04:07 11/10/02 Sun
Author: Marv
Author Host/IP: cs242783-159.houston.rr.com / 24.27.83.159
Subject: very true Tom, but when someone does get hurt
In reply to: Tom (EvilM3) 's message, "sounds good but a reasonable person would not" on 04:50:56 11/10/02 Sun

which seems to be a matter of time the damages will be well in excess of $75k. If the engine failure is determined to be proximate cause of an accident (which it surely will), BMW reasonably should have known about the problem, and with this knowledge failed to address this problem, you have a pretty serious case. Ford and Firestone certainly understand this concept well. BMW would seem to attempt some type of crontributory negligence defense as it pertains to owners overrevving the engines despite their repeated warnings.

The main point seems to be that people love their cars and just want them to work as promised (possible breach of contract suit? - most states entitle the winner to recover sttorney's fees). Isn't the optima solution just to get their cars fixed? I think the realistic prospect of a negigence or product liability suit brought by and injured person is the most cempelling force for BMW to take correctice action. BMW needs to realize that continued inaction will result in serious injury. The more letters they receive by certified mail, the less plausible their most viable defense will be - that the did not know of the the problem with the engines.

Send in the data people. Get your beautiful M3's fixed so I can buy one!

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