AMG's Airbag & Integrated Seatbelt Issues - Page 13 - Mercedes-Benz Forum

 
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post #121 of 285 (permalink) Old 09-15-2011, 11:15 AM Thread Starter
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6.2AMG - even without a specific NHSTA guideline, manufacturers are obligated to foresee design faults. This one was a given, since one non-qualified person predicted it in less than 2-seconds. A crash test result demonstrating that a decade of 2, MB models don't meet FMVSS208 will result in tens of thousands of lawsuits against MB. MB can acknowledge this simple issue, address it, and then lobby a rule change taking credit for spearheading it without me. That'll be the difference between harmful publication and beneficial publication for MB. 250,000 employees depend on revenue. Revenue that has dropped from $160B to $80B over the past 5-years. Negative publicity results in lost revenue. Technically, I shouldn't stop until a recall is made. It'll be interested to see what the crash test results depict, and to experience how MB will respond.

Dropnosky - it's become too difficult to achieve a comprehensie discussion with you so I have to pass. So you know - NO seat hinge broke here. And regardless of what happened with seatbelts or rear seat passengers, none of your explanations justify the holdup of the airbag deployment. Unless you're indicating we blew thru 2-airbags....(which is not noted in the vehicle inspection report). Your statements are a summary of your pre-judgments. Please try to govern your thoughts, step back without pride and ego, and attempt objective thought before speaking. The reason why I'm going to blow $50k on crashing a MB vehicle is so I don't need to discuss the "he said, she said", which turn who passed who, past records and everything else under the sun besides what happened at the moment of impact. It's so much easier when test results do all the talking for you and will be worth every penny. That's going to be all the proof I need.
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post #122 of 285 (permalink) Old 09-15-2011, 12:39 PM
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6.2AMG - even without a specific NHSTA guideline, manufacturers are obligated to foresee design faults. This one was a given, since one non-qualified person predicted it in less than 2-seconds. A crash test result demonstrating that a decade of 2, MB models don't meet FMVSS208 will result in tens of thousands of lawsuits against MB. MB can acknowledge this simple issue, address it, and then lobby a rule change taking credit for spearheading it without me. That'll be the difference between harmful publication and beneficial publication for MB. 250,000 employees depend on revenue. Revenue that has dropped from $160B to $80B over the past 5-years. Negative publicity results in lost revenue. Technically, I shouldn't stop until a recall is made. It'll be interested to see what the crash test results depict, and to experience how MB will respond.

Dropnosky - it's become too difficult to achieve a comprehensie discussion with you so I have to pass. So you know - NO seat hinge broke here. And regardless of what happened with seatbelts or rear seat passengers, none of your explanations justify the holdup of the airbag deployment. Unless you're indicating we blew thru 2-airbags....(which is not noted in the vehicle inspection report). Your statements are a summary of your pre-judgments. Please try to govern your thoughts, step back without pride and ego, and attempt objective thought before speaking. The reason why I'm going to blow $50k on crashing a MB vehicle is so I don't need to discuss the "he said, she said", which turn who passed who, past records and everything else under the sun besides what happened at the moment of impact. It's so much easier when test results do all the talking for you and will be worth every penny. That's going to be all the proof I need.
So basically, to sum up, your argument is so weak that you cannot even present a comprehensive slam dunk issue of fault in 13 pages of thread? You are going to walk away, having convinced no one of anything? That doesn't sound like the guy who is willing to spend $50K trying to prove his point!

Im amused how my statements are now a summary of prejudgments in your eyes. I arrived at these judgments reading what YOU wrote, and analyzing YOUR evidence for myself after wading through your emotional clap trap and endless disgusting self promotion throughout this thread.

Initially, I felt sorrow for your situation, and certainly for those that died, especially the limo driver who is entirely a victim here, as you are. But throughout this thread you have tried to to back up an entirely unconvincing chain of illogical events with A. naked attempts to gather pity, and B. pompous arrogance and condescension, WITHOUT convincingly responding to the MANY, MANY direct questions.

When you strip away those disgusting issues, unfortunately for you, there is not much of a case. Just a bitter guy who wants someone to blame, and this is the best he can do. For that, I DO pity you.

Your last words are important-
It's so much easier when test results do all the talking for you and will be worth every penny. That's going to be all the proof I need.

Correct, this begs the question, why start this completely unsubstantiated thread then? GET some evidence, DO your tests, THEN post this thread.

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post #123 of 285 (permalink) Old 09-15-2011, 01:42 PM
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Well I promised to drop out of this, but got curious once again.

Last question: you mention this $50k that you will "blow" for your test. A used 2003 CL55 is about $30k now. And then there's the cost of the test facility, personnel, equipment, data collection, and data interpretation. That is a fairly expensive proposition. Combined with the purchase of the car, I think it should surpass $50k. Is the expense of a test only $20k? Which facility will you be using?

Simply crashing a car into a brick wall, etc., won't be valid of course, and you obviously need a proper facility with all the standards and the equipment that can collect data and quantify the results, etc.. I didn't even know the public could hire such facilities, but I imagine so during a litigation process (e.g., hire the experts to undertake the procedure.) Not an inexpensive endeavor to say the least.

Clearly Daimler has already crash tested the CL55 internally and has the data in hand ready to contradict whatever you end up producing. I'm normally impressed by any David and Goliath story, but in this case I'm sorry to say that I believe David is short on stones for his sling. And a billion dollar corporation can bleed the cash and resources of all the Davids in the world very quickly through legal maneuvering.

But again, good luck and I hope you have a final resolution someday soon.
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post #124 of 285 (permalink) Old 10-21-2011, 08:46 PM
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When you strip away those disgusting issues, unfortunately for you, there is not much of a case. Just a bitter guy who wants someone to blame, and this is the best he can do. For that, I DO pity you.
Perfectly summarized - I think any rational person (and court) will agree.

PS No 30mph crash that - more likely double the speed.



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post #125 of 285 (permalink) Old 10-24-2011, 06:44 AM
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I had buy a MB star c4 from here:www.obd2tap.com,it's cheap and usefull
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post #126 of 285 (permalink) Old 11-13-2011, 10:04 PM
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I had buy a MB star c4 from here:www.obd2tap.com,it's cheap and usefull



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post #127 of 285 (permalink) Old 01-19-2012, 12:40 AM Thread Starter
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2003 MB CL55 = $18-20k these days
Crash test at test facility = $19k
Transport, radar gun for acceleration-rate recordings, travel to test facility = $11k.
Total = $50k

All this chatter the 'haters' have yet to answer why 2-front seat occupants of a CL55 incurred REAR-HEAD INJURIES during a FATAL HEAD ON COLLISION. The only man who survived in the CL55 is the only one who broke limbs in the CL55.....no coincidence there...

Stupid is, as stupid does when it comes to the velocity and intoxication opinions....One thing's for sure - can't fix stupid.

You are certainly right about the David and Goliath story, but what idiot do you know would live through this and do absolutely nothing about it? I'll have my day and regardless of what Goliath comes up with I have their statements outright denying the force of acceleration upon a collision.

For those of you not accustomed to high-school level physics - that's as absurd as denying gravitational acceleration when justifying why it's proper to remove the iron fencing at the top of the empire state building. Because when my feet are on the ground, there is no harm done.... Mercedes will pay dearly for exhibiting such an unethical will. I have my whole 2nd life to guarantee that.

The news articles can still be found by googling Don C. Bonifazio or Mark P. Soliman. No high speed head-on occurs on hairpin roads and leaves the vehicles still facing each others. No high speed head on doesn't leave gouging in the roadway. Maybe I'm just an angry person and am assuming that collision was severe enough to justify a timely airbag deployment.....

It's going to be a pleasure even if it takes another decade of my life, to drop that billion dollar company on it's knee with their own issue/logic. Truckloads of their records won't matter when the results go public. But nothing is like observing the utterly devolving nature of today's human being from the path I choice to survive, and walk, and will continue to do so until my test results are in hand. Personally, I have little to prove in unknown territory given the fact I already lived thru it. What's going to be sad is the 10,000's of frivolous lawsuits that will follow, once it is proven that Mercedes Benz doesn't even meet FMVSS208 standards under maximum acceleration.......and the public humiliation they will sustain for being so ignorant....Goliath won't look so big on that day and it's just a matter of time now. Please don't pity me, pity Mercedes and anybody with enough intelligence to know rear head injuries are not incurred during head-on collisions...

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post #128 of 285 (permalink) Old 01-21-2012, 06:46 AM
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It's going to be a pleasure even if it takes another decade of my life, to drop that billion dollar company on it's knee with their own issue/logic. What's going to be sad is the 10,000's of frivolous lawsuits that will follow, once it is proven that Mercedes Benz doesn't even meet FMVSS208 standards under maximum acceleration.......and the public humiliation they will sustain for being so ignorant....
As much as I empathize with you, it's not going to happen. And if the 'data' ever did get anywhere near being in your favor, they would have settled with you and you would have taken the money, signed a confidentiality agreement, and run.

There will be no 'frivolous lawsuits that will follow.' They won't face public humiliation. Daimler AG has been through much bigger 'threats' during their history as a corporation. You're simply a tiny sardine in a huge ocean of litigation. Corporations like Daimler are in litigation all the time over all sorts of issues big and small (not only with consumers, but with vendors, suppliers, dealers, governments, financial institutions, investors, etc..)

It's going on six years now. And the court closed the case for trial by granting the motion for summary judgement in Daimler's favor. You were late filing your objections and although the court decided to overlook that, it reveals that you really need to hire a law firm to do the work for you. But the court also ruled that you failed to provide expert testimony. You keep saying that 'anybody can see the flaws' yet the court disagreed. The court used Fitzpatrick v Currie (along with numerous other case law citations) which shows that "expert proof is imperative." You never showed any data or test results, etc.. The court claimed you simply "opined" what happened in the accident and with no expert testimony.

If this accident had strong merit in respect to liability, then a law firm would have grabbed it and taken it on. There would have been good money in it for them. But clearly there was no merit and so you tried to do this yourself without legal representation. The court also said that your bachelor's degree in engineering and experience in designing "groundwater remediation systems" was a far cry from automotive design and engineering and did not qualify you to be an expert witness or make any claims. And it's kind of bizarre that you actually told the court that to introduce any expert witnesses before a trial would "insult them and their time." You never realized that there is such a thing as pretrial discovery where both sides have access to testimony. Your seat belt claim is preempted by federal law, and so that went nowhere either. You couldn't prove the safety act's savings clause. You really needed lawyers (and expert witnesses) to go anywhere with this. It's a classic example of a blind David fighting Goliath. You were in over your head (you tried to represent yourself in another suit against an entity in Florida and lost that one, too.) The case is not really going anywhere, despite the latest claim that you filed once again.

Again, good luck. And I sincerely hope you will eventually recuperate both physically and mentally. It's becoming an emotional and obsessive issue for you (and with all the other financial and personal issues you've gone through) I realize it's been very traumatic, but sometimes we're dealt bad cards. We need to learn to move on.
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post #129 of 285 (permalink) Old 01-23-2012, 09:40 AM Thread Starter
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6.2AMG - I like you logic but we'll see about your 1st 2 paragraphs below after I reach this crash test of a 2003 CL55 frontal barrier at 30mph at max acceleration.

Law firms don't like product liability cases without the vehicle. And even worse, they don't like 1%'rs. The attorney (w/engineer's background) who helped justify integrated seatbelts, called me a 1%'r and tried to claim the lack of a shoulder injury is proof of his integrated seatbelt board recommendation. Another major law firm attorney admitted my experience makes perfect sense but without a vehicle she cannot touch it. I was never late on my objection, rather on mail-time v. electronic filing time so of course the court considered that. The Court qualified Mercedes' engineer w/Chemical Engineering degree based on his experience (not education) and then disqualified my education (you only need one or the other to provide an affidavit). Expert testimony and crash test data was planned to follow. It's not like I had a reserve set aside of my normal life to deal with this nonsense.

There's no good money in this for a law firm. Just reputation. Law firms will wait till 2000ftlbs of electric power are being released in vehicles worldwide before filing a huge class-action suite to address acceleration. A few million v. a few hundred million of a settlement is the simple math. We were nowhere near pre-trial discovery. Just 2-years worth of motions to dismiss and transfer jurisdictions. I wanted the dismissal so this can finally be in appeals and available for others to research. And I NEVER lost a case in Florida. They are still ongoing. I actually recently WON my 1st case in Florida against a represented counter-defendant in Bankruptcy Court. And negligent product liability covers a manufacturer's choice to utilize a federally approved restraint system in a vehicle that overpowers it's ability to function correctly. Unless you can claim dashboard injuries are safer than shoulder injuries....

Not obsessed. Just another logistic on my plate to address before my 2nd death (hopefully next time I don't fight to return to this self-destructive place). Put yourself in my shoes. If you experienced an airbag splitting the back of your head open against the moonroof after a simple head-on tragic collision, and knew it will only get worse and kill others as power's increased (in both gas and electric vehicles), would you succumb and be able to sleep at night? I can't, and sleep is the time I value most in my life. For 2-years I convinced myself I must have inadvertently slid out of the shoulder harness while raising my left guard until I realized my scum attorney was trying to scheme my assets from under me, pulled the public records that he ignored myself, and saw the photos of my failed seatback. Mercedes' engineer even claimed the rear seat passenger bent my seatback only with just one photo of the inboard side (that shows top corner bent in). Yet bottom side of outboard side was buckled.....REALLY. This isn't law, this is ethics.
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post #130 of 285 (permalink) Old 02-06-2012, 12:15 PM
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6.2AMG - I like you logic but we'll see about your 1st 2 paragraphs below after I reach this crash test of a 2003 CL55 frontal barrier at 30mph at max acceleration.

Law firms don't like product liability cases without the vehicle. And even worse, they don't like 1%'rs. The attorney (w/engineer's background) who helped justify integrated seatbelts, called me a 1%'r and tried to claim the lack of a shoulder injury is proof of his integrated seatbelt board recommendation. Another major law firm attorney admitted my experience makes perfect sense but without a vehicle she cannot touch it. I was never late on my objection, rather on mail-time v. electronic filing time so of course the court considered that. The Court qualified Mercedes' engineer w/Chemical Engineering degree based on his experience (not education) and then disqualified my education (you only need one or the other to provide an affidavit). Expert testimony and crash test data was planned to follow. It's not like I had a reserve set aside of my normal life to deal with this nonsense.

There's no good money in this for a law firm. Just reputation. Law firms will wait till 2000ftlbs of electric power are being released in vehicles worldwide before filing a huge class-action suite to address acceleration. A few million v. a few hundred million of a settlement is the simple math. We were nowhere near pre-trial discovery. Just 2-years worth of motions to dismiss and transfer jurisdictions. I wanted the dismissal so this can finally be in appeals and available for others to research. And I NEVER lost a case in Florida. They are still ongoing. I actually recently WON my 1st case in Florida against a represented counter-defendant in Bankruptcy Court. And negligent product liability covers a manufacturer's choice to utilize a federally approved restraint system in a vehicle that overpowers it's ability to function correctly. Unless you can claim dashboard injuries are safer than shoulder injuries....

Not obsessed. Just another logistic on my plate to address before my 2nd death (hopefully next time I don't fight to return to this self-destructive place). Put yourself in my shoes. If you experienced an airbag splitting the back of your head open against the moonroof after a simple head-on tragic collision, and knew it will only get worse and kill others as power's increased (in both gas and electric vehicles), would you succumb and be able to sleep at night? I can't, and sleep is the time I value most in my life. For 2-years I convinced myself I must have inadvertently slid out of the shoulder harness while raising my left guard until I realized my scum attorney was trying to scheme my assets from under me, pulled the public records that he ignored myself, and saw the photos of my failed seatback. Mercedes' engineer even claimed the rear seat passenger bent my seatback only with just one photo of the inboard side (that shows top corner bent in). Yet bottom side of outboard side was buckled.....REALLY. This isn't law, this is ethics.
once again, arrogance isn't fact. You assume that because YOU say so, it must be. Well not only have you failed to convince a single poster on this thread, but as 6.2AMG blatantly pointed out, you failed to convince a court, or any lawyer of any kind that you had a case.

People repeatedly ask for evidence, you repeatedly tell them that the widely interpretable thin evidence you have posted means only one thing, what YOU say it means, and nothing else.

When people disagree, they must be "stupid". When its directly pointed out how ignorant you are of legal procedure by your own actions, as in 6.2AMG's post, you come back evading the point and reinforcing your sense of self worth.

Its not impressive. Whats clear to me is that no judge would waste his time with this threadbare crusade and told you to take a hike. Attorneys and law firms will act on EVIDENCE, of which there is next to none, not for reputation. Welcome to reality.

Maybe by the time you "die a second time" , you will be able to see past your own arrogance, review the facts, and admit your friend killed himself by losing control of his car, and that both your idiot friends should have been bucked in.

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