Date registered: Jun 2010
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We think alike and that is what I wished to do. So I sent a letter directly to Germany offering a minimal settlement and to aid in correcting the design and Mercedes-Benz USA, LLC's in-house attorney responded with a denial and threat that they'll "aggressively defend my claim" and "use your spoliation of material evidence as a defense". Unfortunately, normalcy is a thing of the past.
If they already corrected/changed their sensors, then that's even more reason they should put my claim to bed already. I appreciate that heads up and will check into it via discovery.
Mercedes' denial of the acceleration vector is as ridiculous as their claim I "spoiled" material evidence, and I either wasn't wearing my seatbelt or the rear seat passenger knocked me out of it (or pre-empted by FMVSS).
I'm reaching out to BMW, other companies and media/news outlets now finally since if they want to finish a sole survivor in lieu of working with him (as their most valuable living "crash-test-dummy", this is the least I can do in response. Unfortunately, advertising contracts will discourage this.
My plan is to have a lab perform a 30mph frontal barrier crash test at maximum acceleration on a 2003 CL55 AMG and compare the results to that of their standard CL frontal barrier crash test since Mercedes is claiming there will be "absolutely no difference whatsoever". Then I'll get an expert engineer to comment on the results ($50,000 expense which takes time to afford and arrange). If Mercedes pushed me that far, I will then focus on publishing the results across every form of media so they learn a lesson on what NOT to do to a sole survivor of their own negligent design-by-law / one-size-fits-all application of safety systems. Hopefully this matter ceases to exist before than and they make the appropriate corrections (since their seats are still in use).
Tomorrow is my own deposition finally so we'll see what Mercedes does and what I can do in response soon enough. They should know by now (one wreck, 4-years, more losses than I wish to mention, 1.25-years across 2-fed jurisdictions, 165-documents, 6-opposing counsel) that I'm not going anywhere until this matter is resolved appropriately. Albeit, they are going for the final kill knowing my financial condition just as others have been doing to me for the past 4-years in business as a result of this matter. One would expect better from the source, and Mercedes but they are no different. Even much worse than what I've experienced so far. Their responses will define their legacy over their negligent design practice and that's what make's this experience of tragedy into an experience of utter disgrace.