Mazda - Life Threatening Defects, My Fault!? Say Mazda

[medievil2003]

Hi everyone,

 

Wow i can't believe how time has flown by!

 

Just to give an update, i attended court a few months back which was adjourned for a few reasons, first that the judge wanted the experts there and was unsure why both sides didnt invite them along.

 

Anyway, so now the 1 day trial is in Feb 2015. Most of the work is done and we just now have to hope the judge finds the case in my favour.

 

We, by advice of the courts, have given Mazda the opportunity to come down and inspect the alloy wheels to confirm there is no curb damage as they have continuously claimed - this will hopefully lead to their admission, if they still refute then we will take the alloy into court to show the judge, that will be fun!

 

I've taken the forum down for a good while based on advice but it will be back up and running after the hearing. Emails are still always welcomed though.

 

Wish me luck!?

[heliosuk]

Did I read that correctly in an earlier post...you actually got a copy of the DFMEA?

 

 

Would love to see it!!!

[medievil2003]

Hi All,

 

I am sad to say that i had the final court date and i was unsuccessful in proving what this thread was all about. You wont believe it but the judge only had 30 minutes to read through 7 years of paperwork and our claims, the previous judge said he had spent 2 days reading through everything & in 1hr already started asking questions at how he didnt understand why Mazda are trying to say the stuff that they were. The defendants barrister and expert amazingly made the judge believe that the reason for the run-away was due to the car mat being stuck to the accelerator pedal! I was gob smacked that she actually believed that without asking for further evidence, neither my expert or the defendants expert could say if this could have actually happened or not.

 

As i was cross examined, one question being the most obvious, was to explain to the court what exactly happened...My response was simple:

 

1. The car all of a sudden increased in speed of its own accord

2. A cloud of white smoke bellowed out from behind

3. I tried to rip the car mat out to no avail

4. I turned the engine off and thankfully pulled over safely.

 

I was almost penalized by the judge because in her personal opinion and being, quote "a lass who does not know much about motors" she would not have ripped the car mat out first but would have instantly turned the engine off, i was asked by the defendants barrister why i took the car mat out first, i gave a simple answer that i have heard of other stories of potential mat's being stuck to the pedal but not in this extremity. They twisted this point so much to that a common person wouldn't have done this, which the judge agreed.

 

The most frustrating things about the court hearing are:

 

1. The whole point about bio-diesel was thrown out as an argument just because the defendants expert said "As he was able to turn his engine off, the car cannot be running on its own fuel" - and that was that. The judge agreed without asking more information. Now i am being done for damaging their vehicle with bio-diesel.

 

2. When my barrister tried to mention the ECU was faulty or the car had an intermittent issue relating to the run-away and the previous recall, the defendants barrister said because i had 2 engine warning light issues previous to the run-away the car must have been operating correctly. The judge agreed and moved on.

 

3. We tried to argue that a fault code should be logged on the system, especially as the car has an oil dilution monitoring system and with Mazda's confirmation on paper to say a fault code would appear if the car was going to run-away. The judge asked their expert if this is true, his response was yes but when a car is hooked up-to their computers and fault codes erased, they have gone completely with no trace.

 

With this point in question, when the car was recovered into the Mazda dealer after the run-away, there could have been one or several fault codes appear that would have proven my case but if they delete them to hide any liability then i cannot prove anything! The judge dismissed our point and moved on.

 

4. The tyre valve issue - was completely dismissed just because i was unsure at how fast the tyre deflated. Their barrister made the judge believe i was lying because the car cannot immediately force over just because a valve was snapped...saying that it would take at least 1 minute to completely deflate. Mazda had initially told me the reason for valves snapping was due to consistent curb damage. I actually took my wheel into the court to show there was no damage to the alloy but the judge didnt even want to look at it! Dismissed and moved onto the next point.

 

You can see where i am trying to go with this, as i can go on a lot more. I just wanted to initially find out your reactions to the results and will put more information forward as and when you ask.

 

It may be a stupid intention, but i would like to appeal the judges decision based on so many unfair grounds.

 

Awaiting your valued replies!

[Conniff]

So sorry to hear this 'm'. You did give them the ammunition to use against you saying the first thing you did was rip the mats out.

[medievil2003]

Hi Conniff, thank you. Much appreciated.

 

Indeed it seems that but that was noted from day 1 and was in my witness statement. I am just simply amazed how a decision can be made by the judge without asking for further evidence, for example looking at pictures of the car mat and pedal. Also, with a bit of maths how far does the car mat need to be pushed down on the gas for it the car to travel from 65mph to 100mph and hit maximum revs being in 4th gear. There must be a way to find that out?

 

I am also intending on getting another expert in just to report on if a car mat can make the car speed up as it did.

 

I completely disagree with the judges decision. I would understand if i lost if there was evidence based against me on the bio-diesel and all the research that has been put into this case, not a simple car mat.

[Conniff]

I am also intending on getting another expert in just to report on if a car mat can make the car speed up as it did.

 

 

Without reading through the thread again, do you still have the car and mat? If so then you can test it for yourself and will probably find unless the mat had ridden up very high and became wedged so that as the throttle could not return to the idle position.

 

 

If you can do the above, have someone in the passenger seat filming it.

[medievil2003]

Hi Conniff,

 

Thanks for your reply. My solicitor is saying i have no real grounds for appeal, so i suppose thats the end of it! Completely unfair as the evidence clearly supports my case but money pays for the best barristers!