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M3 Class Action Lawsuit
PMFJI, but I've been following this thread, and it's seems clear that two
distinct camps have emerged regarding the purported shift linkage problem. In
one camp are the driver's who have, for whatever reason, experienced the
misfortune of a missed shift resulting in a damaged engine. The second camp
consists of those who firmly believe that missed shifts are the result of
driver error due to either carelessness or inexperience or some other driver
associated cause and that such drivers need to step up to a little personal
responsibility.
The entire issue boils down to one simple word: COST. Who should be
responsible for paying for damaged engines resulting from missed shifts? The
first camp obviously believes that they could not possibly have been at fault,
and thus want or must make BMW pay via a "class action" lawsuit. The second
camp advocates a little personal responsibility and suggests the first camp
should be more careful, become better drivers, etc., etc.
A previous correspondent has already pointed out the ultimate futility to
plaintiffs in class action lawsuits. Assuming the plaintiffs could even
convince a federal judge to certify the action as a class action, the ultimate
issue becomes the measure of damages. Merely because a automobile
manufacturer makes a running production change, i.e., shifter indent
modfication, does not mean the original design was flawed and thus all M3
owners have been "damaged." Moreover, you can be sure that BMW has complete
statistics on the percentage of E36 M3's which have experienced engine damage,
and the cause of the damage. They are not stupid. My guess is that as a
percent of the total number of M3 cars on the road, it's probably quite low.
Add to that the factor that by design and intent, the M3 is a car that was
designed to be driven hard and take abuse. I hear the argument to the jury
now: "Are we to believe that this M3 car, which has received numerous awards
from all corners of the automotive press for its performance, soul, and
durability, is inherently defective because 5% of the owners (or whatever %,
it will be low) improperly shifted as result of lack of concentration,
experience, competence, etc.?" Whether or not the argument is even close to
being true, it will be made. And a jury just might have a difficult time
believing that some of the boy racer's in the class of plaintiffs got just a
little too excited and missed a shift. It's that simple. It's simply the
nature of litigation. Opposing parties in litigation are ALWAYS idiots to the
other side. That's the way the system works.
And then as a plaintiff, surprise! The defense gets to take discovery,
including taking interogatories, depositions, possible cross-examination,
etc., etc. Everything about you will become fair game. You don't even
understand humiliation until a competent defense attorney has ripped you to
shreds either before or during trial. You can be sure that your driving
education, your driving record, your arrest record, your work record, your
educational background, and just about everything else about you that you
thought was reasonably private or personal, becomes fair game. And as
previously noted, even if a class were to be certified, and BMW was eventually
judged to be liable, you can be sure the judgement would not be adequte to
fully compensate you for even your full cost of repairs. The lawyers for both
sides win - and they should. Remember, without clients, there are no lawyers!
BMW owners lose - guess who additional costs are ultimately passed on to?
The taxpayers lose - another case clogging up the court system when there are
far more pressing issues deserving of a federal court's time than whether or
not BMW builds certain high performance cars which certain owners have
experienced difficulty shifting properly through either their own fault or
not. And as a plaintiff, you lose even if you get a judgement in your favor.
It won't cover your costs, your lost time, the embarrassment and humiliation
you will be subjected to, and it will definitely further sour you on the
American system of justice (assuming that's possible after the OJ case).
So to camp one I say: Pursue a class action if you wish, but you will be in
for the most major PITA of your life. No kidding.