OVERREV - NIETSCHE IN A PORSCHE?

[David Beatty <dbeatty@xxxxxxxxxxxxxxxxxxx>]

Charles Quarton <chazq@domain.elided> wrote:
<<<<<<<<<Only a poor understanding of the law substitutes legalistic
phrases like
"foreseeable use" in place of logic to support a weak argument.  A first
year law student learns that you have to some FACTS before you can
prevail
with a legal claim.  Whiny complaints in place of accepting
responsibility
for self-error and suspicions without evidence just don't work in a
Court
of Law.

Chuck Quarton - Curmudgeon at Law>>>>>>>>>>>>>>

_________________________________________________________

OUCH!!  Where's my burn salve?  I wasn't going to respond but I've
gotten a number of personally insulting retorts from listers who have
themselves come to very strong opinions based on no facts other than
their own anecdotal experiences, if any.

Mr. Quarton, that's why first year law students aren't allowed to
practice law.  They think all of the facts are in the book.  A first
year attorney soon learns that one must do investigation to determine
the relevant facts, they don't come from the sky or the court of public
opinion.  Most attorneys come to find that the best facts and often the
smoking gun are only available through the defendant, and are often
well-hidden. 

You're right, foreseeable use is not the best legal term for the cause
of action I suggested, misrepresentation of suitability for intended use
(i.e., driving or spirited driving) may be.  But I just thought that
sounded too lawyerlike. 

The original inquiry (by someone else) was seeking facts relating to the
overrev condition.  The facts may or may not bear out that no real
condition exists.  The list's response was simply that the inquirer was
a poor driver, which did not explain why the overrev events were
prevalent enough to give rise to the notion of a class action lawsuit.
Someone has suggested by private email (so I won't tell you who he/she
is) that a disproportionate number of M3 drivers are silver spoon babies
who can't stand to be passed.  

I only made an argument that an issue may exist, and there is certainly
enough evidence to support this because the condition, fictional or not,
is well-known in and out of bimmerland.  The "bone head shifter"
me-tooers sadden me because they add less to the discussion than I do, I
admire the guys who are proposing solutions (even if it is driver
error), and I'm perplexed that no one is willing to consider that there
may be a problem other than driver error.  Perhaps others know of an
objective investigation that has been done in the past that absolved
BMW?  

I had a chance to reread Nietsche's Thus...Zarathustra over the
holidays.  He distinguishes between the Ultimate man (who disdains,
fears and attacks anything not of the status quo and commonly held
beliefs, whether it's true or not) and the Superman (who transcends the
herd mentality and seeks truth) (please no corrections from the
scholars, I'm an engineer by training, a Nietschephile by sickness).  I
originally thought that perhaps the cars should be remonikered the
Ubermensche Driving Machine (because they celebrate the subtleties of
driving over the raw performance numbers), but I'm starting to think
they got it right the first time.

BTW, I'm a libertarian and all my clients are corporations.  I certainly
don't advocate frivolous litigation, and I have nothing to do with class
actions or consumer torts.  Don't assume I'm one of "them", I'm just a
guy who bought a BMW and would like to know if it has a problem.  I hope
it doesn't and I wish BMW would say so.

This thread has wasted too much bandwidth.  If you feel the need to set
me straight, perhaps you should do it off the list.  I won't wear nomex,
I enjoy the warmth.  Just make sure your comments have a high critical
thought to emotion ratio if you want a response.

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 

------------------------------