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C300 on fire

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Old Feb 24, 2016 | 12:40 PM
  #26  
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Typing speed has nothing to do with ambiguity.
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Old Feb 25, 2016 | 03:39 AM
  #27  
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Originally Posted by jesydney
Why is he or she or shim screaming!! Unless they started the fire, this is a civil suit with a BIG FAT payout from MB advantage on the back of veedub suit. They should be a happy happy, jumping for joy instead of screaming lunatic. Giving his namesake a bad rap.
He needs to capture "severe emotional distress" on the video so he can get those sweet sweet emotional suffering and future psychological harm damages from the lawsuit. You're not thinking like a lawyer!
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Old Feb 25, 2016 | 04:06 AM
  #28  
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Originally Posted by sequins
He needs to capture "severe emotional distress" on the video so he can get those sweet sweet emotional suffering and future psychological harm damages from the lawsuit. You're not thinking like a lawyer!
.. sadly true. Lawyers will probably shoot for 50 grand for the car and 2 million for emotional distress. And people wonder why insurance premiums keep going up.
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Old Feb 25, 2016 | 04:10 AM
  #29  
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Originally Posted by sequins
He needs to capture "severe emotional distress" on the video so he can get those sweet sweet emotional suffering and future psychological harm damages from the lawsuit. You're not thinking like a lawyer!
I should, shouldn't I. Hmmmm must remember that.
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Old Feb 25, 2016 | 05:17 AM
  #30  
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Originally Posted by jesydney
I should, shouldn't I. Hmmmm must remember that.
Haha Actually!

Addendum to previous post, which shall be binding hereto, on all other parties not currently bound:

Neither your receipt of information from this post, nor your use of this website to contact me creates an attorney-client relationship between you and men. As a matter of policy I do not accept a new client without first investigating for possible conflicts of interests and obtaining a signed engagement letter. Accordingly, you should not use the mbworld forums to provide confidential information about a legal matter of yours to me. No legal advice is provided by any posts by me upon said forum located at mbworld.org, and no legal advice is attended. Such materials as may be provided by me on said form is intended for informational purposes only, and may not reflect most current legal developments. These legal materials should, thus, not intended and should not be taken as legal advice on any particularly set of facts or circumstances.
You shouls contact your attorney for advice regarding specific legal problems.

Otherwise, yep that's how you think as a lawyer! And next time you are in a slip and fall, remember to act like a a soccer play angling for a red card for the other sidel
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Old Feb 25, 2016 | 07:42 AM
  #31  
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Originally Posted by sequins
Haha Actually!

Addendum to previous post, which shall be binding hereto, on all other parties not currently bound:

Neither your receipt of information from this post, nor your use of this website to contact me creates an attorney-client relationship between you and men. As a matter of policy I do not accept a new client without first investigating for possible conflicts of interests and obtaining a signed engagement letter. Accordingly, you should not use the mbworld forums to provide confidential information about a legal matter of yours to me. No legal advice is provided by any posts by me upon said forum located at mbworld.org, and no legal advice is attended. Such materials as may be provided by me on said form is intended for informational purposes only, and may not reflect most current legal developments. These legal materials should, thus, not intended and should not be taken as legal advice on any particularly set of facts or circumstances.
You shouls contact your attorney for advice regarding specific legal problems.

Otherwise, yep that's how you think as a lawyer! And next time you are in a slip and fall, remember to act like a a soccer play angling for a red card for the other sidel
Hm, lots of interesting, apparent errors in the text, but funny.

Under the economic loss doctrine....
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Old Feb 25, 2016 | 06:58 PM
  #32  
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Great mention @sequins to get the law on my side.
In an incident, keep calm and compose.
Then, get another, preferably a friend to start video record on phone.
Then let loose with epic drama
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Old Feb 25, 2016 | 07:08 PM
  #33  
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Yes,well, the whole premise is a misconception of law. In California, as in many states, where the loss is merely economic, and there is no physical impact, the sole remedy is in contract for breach of warranty. Not to mention that Tink is hardly a reasonable person of ordinary sensibilities. Torch your Benz and all you will get is a toasted Benz, and under the bridges and harbor works act, a bill from the government for damages.
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Old Feb 25, 2016 | 07:19 PM
  #34  
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Given all the legal stuff we are talking about for amusement, I wonder if this fire occurred in Oregon or Washington. The bridge he is on connects WA to OR.

Legal stuff to consider:
- Did the car stall in WA or OR? If so, did he coast across the state line before coming to a complete stop?
- Vehicles are usually regulated by state. He probably bought it in OR, but he could live in WA with a OR license plate or live in OR with a WA license plate
- Consumer protection, especially comes to cars, can differ by state too. Again, the question of which side of the state line he started out with and ended at could mean a difference too.
- If he crossed the state line during the commission of the incident, does the jurisdiction go to the fed gov?

As you can see, I am not a lawyer and do not play one on tv. I also have not stayed at the Holiday Inn for many years.

Ah, the things to consider...

Last edited by WhoIsThat; Feb 25, 2016 at 07:22 PM.
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Old Feb 25, 2016 | 07:51 PM
  #35  
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Sorry, I thought this was California.

Well, did he cross the thalweg, or not? Yes, it matters.

Under choice of law principles in Washington, the state's law with the most significant relation to Tink and Mercedes USA would govern, unless Mercedes, as it does
In the express warranty, has a forum selection clause, and it is valid.

Both Oh ree gun and Washington apply the economic loss doctrine, so it's a false conflict of laws, and since the claim is transitory, the substantive law of the forum selected by Tink will apply unless the forum selection clause otherwise governs.

Sum: Tink is hosed, but he might like that....

Oh, whether brought in state court, or federal court (diversity/rules of decision act), the result will be the same.

Last edited by Maritime; Feb 25, 2016 at 07:54 PM.
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Old Feb 26, 2016 | 11:14 PM
  #36  
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Originally Posted by WhoIsThat
Given all the legal stuff we are talking about for amusement, I wonder if this fire occurred in Oregon or Washington. The bridge he is on connects WA to OR.

Legal stuff to consider:
- Did the car stall in WA or OR? If so, did he coast across the state line before coming to a complete stop?
- Vehicles are usually regulated by state. He probably bought it in OR, but he could live in WA with a OR license plate or live in OR with a WA license plate
- Consumer protection, especially comes to cars, can differ by state too. Again, the question of which side of the state line he started out with and ended at could mean a difference too.
- If he crossed the state line during the commission of the incident, does the jurisdiction go to the fed gov?

As you can see, I am not a lawyer and do not play one on tv. I also have not stayed at the Holiday Inn for many years.

Ah, the things to consider...

It was on the I405 bridge. That's on the Oregon side of the river.
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Old Feb 26, 2016 | 11:22 PM
  #37  
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Tink is hosed. O, ree, gun applies the economic loss doctrine. Sorry, Tink, no tort recovery for you on either side of the bridge, so a false choice of law issue.
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Old Feb 27, 2016 | 12:16 AM
  #38  
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It never ceases to amaze me that people will keep all sorts of crap in their cars but they can't be bothered to keep a fire extinguisher in their trunk.

It was kind for that lady in the jeep who stopped, to offer to put out the fire. Unfortunately, the drama queen was too busy making drama to think about saving the car.


FWIW, a good compact fire extinguisher, first aid kit, and basic trauma kit can be purchased for less than $150 on Amazon.
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Old Feb 27, 2016 | 02:35 PM
  #39  
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Maybe he was crying because he had one of the few W205s without wind noise and was concerned his next one wouldn't be as well sealed. I bet his transmission shifted smooth too
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Old Feb 27, 2016 | 03:00 PM
  #40  
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Nah, his "partner" was in the front seat.
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Old Feb 27, 2016 | 03:39 PM
  #41  
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Originally Posted by Mr. J
It never ceases to amaze me that people will keep all sorts of crap in their cars but they can't be bothered to keep a fire extinguisher in their trunk.

It was kind for that lady in the jeep who stopped, to offer to put out the fire. Unfortunately, the drama queen was too busy making drama to think about saving the car.


FWIW, a good compact fire extinguisher, first aid kit, and basic trauma kit can be purchased for less than $150 on Amazon.
I have a fire extinguisher in some of my cars, but I'll be honest -- if there are visible flames coming from under the hood, I'm not opening the hood and feeding the fire oxygen to see if I can put it out with the extinguisher. I might if the fire was small in the interior, or under the hood if no visible flames were present. Either way, I'm pretty sure this guy wasn't going to be successful with the extinguisher.

Also as a note, standard extinguishers will do a number on electronics and other engine items even if you get the fire out, there will be lots of damage between the fire and the agent.

For that reason my vehicle extinguishers are Halotron, which is quite a bit more than the cheapies you would pick up at Walmart. But still less then most deductibles.
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Old Mar 16, 2016 | 03:45 PM
  #42  
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So what happened after this? How was the guy compensated and what did MB find out? Can't find anything on it...
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Old Mar 16, 2016 | 05:27 PM
  #43  
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http://www.caradvice.com.au/424165/2...ver-fire-risk/

Well this broke today.
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Old Mar 17, 2016 | 12:31 PM
  #44  
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He can scream all he wants, more fodder for the Jury.
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Old Mar 19, 2016 | 05:48 AM
  #45  
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Originally Posted by jakc
Maybe he was crying because he had one of the few W205s without wind noise and was concerned his next one wouldn't be as well sealed. I bet his transmission shifted smooth too
omg this is hilarious! xD
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