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Re: E36 M3 Class Action Lawsuit

Shit, this is going to blow out of proportion, I can tell.

Just a few quick things:

Transmission design includes consideration for downshifting (detent, 
etc), which is why, if you try to shift into 1st gear at 60mph, you'll
get a bunch of resistance. Ultimately, "enough" pressure can cause it.
It's a fine line, as to what is mis-design by a car manufacturer and what 
is driver error.

IF there is a predominately high number of such occurances with the E36 
M3 versus, say the average sports car, then there may be cause for BMW to 
consider there is actually a problem and should deal with it. And, maybe 
there is consideration for a lawsuit. Obviously, a lawsuit should be 
viewed with great care.

Finally, the chance that someone is grabbing the wrong gear because of
lack of either adequate driving skill (something none of us want to admit)
or general familiarity of the E36 gearbox is our own responsibility.

Best wishes and hope a class action lawsuit does not occur - it's just 
not terribly constructive in the end...

Filippo
(E28 M5 regretably for sale - http://www.usa.net/~lmorelli/M5.html)

p.s. IF you have ever designed or built anything, you know that no design 
is perfect. As for products in general, I do not believe that a company 
should ultimately be liable for providing a perfect product. It's 
unrealistic. Where do you stop the argument? ("the C pillar was designed 
too big and I couldn't see the car in the next lane when I pulled over." 
"the tires hydroplaned because the design was not adequate." "My model 
does not have the traction control option; consequently I went around a 
turn at high speed, lost control, and hit a tree." ... point is clear.