RE: [E36M3] re: '95 M3 Over-Rev/Class action law suit? - OH REALL Y?

[David Beatty <dbeatty@xxxxxxxxxxxxxxxxxxx>]

So why do you think BMW installed better bushings in later models?
Maybe they decided the design was defective, after using the first
generation buyers as guinea pigs?  Maybe they gratuitously wanted to
protect drivers from their own, unreasonable shifting mistakes?  Perhaps
the m3 shifter problem is more akin to 911 snap oversteer - ok, it's an
unusual, non-debilitating performance problem, now you know about it, so
compensate for it, and hey, that's just part of the specialness of the
car.  Doesn't seem fair to those who didn't know about it before they
bought.

OTOH, It may be that yuppie would be racers are more attracted to m3's
than other weekend raced production cars, and the "boneheads" are as a
class poorer shifters than the guys in other makes - aka the audi
syndrome.  No doubt too many lawyers drive BMWs.  

David D. Beatty
Myers Bigel Sibley & Sajovec, P.A.
Patent Attorneys
Suite 250, 111 Corning Road, Cary, NC 27511
PO Box 37428, Raleigh, NC 27627
Telephone: 919-854-1400
Fax: 919-854-1401 
dbeatty@domain.elided
web site: www.carolinapatents.com

	-----Original Message-----
	From:	Daniel Smith [SMTP:dls@domain.elided]
	Sent:	Wednesday, November 25, 1998 11:29 AM
	To:	David Beatty; 'bmwlist'; 'm3list'
	Subject:	Re: [E36M3] re: '95 M3 Over-Rev/Class action law
suit? - OH REALLY?


	>Personal responsibility is all well and good, but it goes BOTH
ways -
	>consumers and manufacturers.

	If I take a corner hard and a part breaks, causing me to crash,
where
	one would reasonably expect that part to perform its duty, then
MAYBE
	BMW could be faulted on the basis of design or construction.
But
	then, MAYBE I should be faulted for not being aware of the
condition
	of the car before taking a hard corner.

	Now, if one blows a shift, that's their fault.  Having executed
1000's
	of perfect shifts, there's a reasonable expectation that the
next one will go well.
	There's also a common knowledge that a downshift is a strictly
mechanical
	endeavor.  This is inherent to every manual transmission I know
of.  If the owner
	cannot accept responsibilty for using a manual transmission
properly, then
	they should buy an automatic.  Even though the transmission
mounts
	can smush a bit in hard cornering, causing the shift pattern to
move ever
	so slightly, this is still a well known aspect of the car, and
should be taken into
	consideration by the driver.

	In short, as a driver attempts harder cornering and more
aggressive shifting,
	and becomes more skillful, so should their awareness of personal
responsibilty
	increase (I shouldn't have to say it, but ones sense of PR
should always be
	greater than their skill, ya?).  I don't want to be on the track
or some twisty
	road with someone who works the other way.

	Sure hope we don't turn into a bunch of old ladies at
McDonalds...

	Daniel

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