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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.