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[GMCnet] rear brake torque reaction system [message #87663] Mon, 07 June 2010 12:19 Go to next message
Charles Aulgur is currently offline  Charles Aulgur   United States
Messages: 78
Registered: March 2006
Karma: 0
Member
>
>
>
Any good lawyer can usually get around waivers so they are usually
not worth the paper they are written on. They usually do not stand
up in court -- especially when you have a relatively unsophistacated
(sp?) non-technical buyer and a smart designer who should have known
better.

Emery Stora
77 Kingsley
Santa Fe, NM

Emery,

Could you give us a little more information as to the meaning of
your last sentence? It can interpreted several ways.

Chuck Aulgur
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Re: [GMCnet] rear brake torque reaction system [message #87668 is a reply to message #87663] Mon, 07 June 2010 13:23 Go to previous messageGo to next message
emerystora is currently offline  emerystora   United States
Messages: 4442
Registered: January 2004
Karma: 13
Senior Member

On Jun 7, 2010, at 11:19 AM, Charles Aulgur wrote:

>>
>>
>>
> Any good lawyer can usually get around waivers so they are usually
> not worth the paper they are written on. They usually do not stand
> up in court -- especially when you have a relatively unsophistacated
> (sp?) non-technical buyer and a smart designer who should have known
> better.
>
> Emery Stora
> 77 Kingsley
> Santa Fe, NM
>
> Emery,
>
> Could you give us a little more information as to the meaning of
> your last sentence? It can interpreted several ways.
>
> Chuck Aulgur


Sure Chuck

This was in no way reflecting on your or your design. It was a comment on what a good lawyer would argue in court.

A lawyer in court is going to argue that the buyer was just an "ordinary" man who doesn't really understand the technical aspects of what he bought but he was relying on the expertise of the designer / manufacturer. If there was an accident or a failure that caused harm that brought it to court the plaintiff's lawyer is going to argue that the people that designed it and/or manufactured it and sold it are the "smart" ones who should have anticipated any possible problems and that his client was merely relying on their knowledge.

Even if it wasn't the fault of the equipment or the design the lawyer is going to argue that way and the "ordinary" people on the jury are going to listen.




Emery Stora
77 Kingsley
Santa Fe, NM


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Re: [GMCnet] rear brake torque reaction system [message #87679 is a reply to message #87668] Mon, 07 June 2010 15:33 Go to previous messageGo to next message
USAussie is currently offline  USAussie   United States
Messages: 15912
Registered: July 2007
Location: Sydney, Australia
Karma: 6
Senior Member
Chuck,

I can expand on what Emery has noted by relating the following STORY I heard
years ago.

A hot rod builder was sued by a customer that he had built a high powered
hot rod for. The guy lost control of the vehicle, crashed, and injured
himself. The plaintiff's lawyer claimed that the hot rod builder should have
known that the customer didn't have the skill to control the vehicle and
therefore should not have built or sold it to him. The plaintiff won the
case.

Disclaimer - this is a STORY I have absolutely no idea if it is true or not!

Regards,
Rob Mueller
Sydney, Australia
AUS '75 Avion-The Blue Streak TZE365V100428
USA '75 Avion-Double Trouble TZE365V100426


-----Original Message-----
From: Emery Stora

A lawyer in court is going to argue that the buyer was just an "ordinary"
man who doesn't really understand the technical aspects of what he bought
but he was relying on the expertise of the designer / manufacturer. If
there was an accident or a failure that caused harm that brought it to court
the plaintiff's lawyer is going to argue that the people that designed it
and/or manufactured it and sold it are the "smart" ones who should have
anticipated any possible problems and that his client was merely relying on
their knowledge.

Even if it wasn't the fault of the equipment or the design the lawyer is
going to argue that way and the "ordinary" people on the jury are going to
listen.

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Regards, Rob M. (USAussie) The Pedantic Mechanic Sydney, Australia '75 Avion - AUS - The Blue Streak TZE365V100428 '75 Avion - USA - Double Trouble TZE365V100426
Re: [GMCnet] rear brake torque reaction system [message #87709 is a reply to message #87668] Mon, 07 June 2010 19:36 Go to previous messageGo to next message
Bob Miller is currently offline  Bob Miller   United States
Messages: 3
Registered: October 2007
Location: White Bear Lake, MN
Karma: 0
Junior Member
Emery,
I understand and respect what you are saying however having done quite a bit of expert witness work and having a coach with 6 wheel disk brakes where the rears lock up and skid in a fast stop, I am quite confident that we could put an expert witness on the stand who could testify to the fact that Chuck's system INCREASES safety and shortens stopping distance and there would be many of us to confirm that.

Often times there is too much fear of what we used to call a "straw man"(which is what might happen in the worse case scenairo) which in 99.99% of the cases never happens.




Bob Miller
White Bear Lake,MN
78 Caddy powered
Re: [GMCnet] rear brake torque reaction system [message #87713 is a reply to message #87709] Mon, 07 June 2010 19:47 Go to previous messageGo to next message
emerystora is currently offline  emerystora   United States
Messages: 4442
Registered: January 2004
Karma: 13
Senior Member

On Jun 7, 2010, at 6:36 PM, Bob Miller wrote:

>
>
> Emery,
> I understand and respect what you are saying however having done quite a bit of expert witness work and having a coach with 6 wheel disk brakes where the rears lock up and skid in a fast stop, I am quite confident that we could put an expert witness on the stand who could testify to the fact that Chuck's system INCREASES safety and shortens stopping distance and there would be many of us to confirm that.
>
> Often times there is too much fear of what we used to call a "straw man"(which is what might happen in the worse case scenairo) which in 99.99% of the cases never happens.
>
>
>
> --
> Bob Miller
> White Bear Lake,MN
> 78 Caddy powered


Yes, and you should expect that the plaintiffs attorney will put their two or three "expert witnesses" on the stand also and point out that GM put a system on the 10000 or so motorhomes that they produced that worked fine. I am just trying to point out that logic doesn't always prevail in lawsuits.

Many cases are down to which "experts" the jury believes the most.

Emery Stora
77 Kingsley
Santa Fe, NM


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Re: [GMCnet] rear brake torque reaction system [message #87714 is a reply to message #87709] Mon, 07 June 2010 19:53 Go to previous messageGo to next message
emerystora is currently offline  emerystora   United States
Messages: 4442
Registered: January 2004
Karma: 13
Senior Member

On Jun 7, 2010, at 6:36 PM, Bob Miller wrote:

>
>
> Emery,
> I understand and respect what you are saying however having done quite a bit of expert witness work and having a coach with 6 wheel disk brakes where the rears lock up and skid in a fast stop, I am quite confident that we could put an expert witness on the stand who could testify to the fact that Chuck's system INCREASES safety and shortens stopping distance and there would be many of us to confirm that.
>
> Often times there is too much fear of what we used to call a "straw man"(which is what might happen in the worse case scenairo) which in 99.99% of the cases never happens.
>
>
>
> --
> Bob Miller
> White Bear Lake,MN
> 78 Caddy powered


Yes, and you should also expect that the plaintiffs attorney will put their two or three "expert witnesses" on the stand as well and point out that GM put a system on the 10000 or so motorhomes that they produced that worked fine. I am just trying to point out that logic doesn't always prevail in lawsuits.

Many cases are down to which "experts" the jury believes the most.

I hope that everyone doesn't think that I am against Chuck's system. I would not have any problem putting Chuck's braking system on my own coach. I would just not expect to necessarily win a case if I have an accident and am sued. That is why I carry $500,000 liability on my GMC and I have another $2,000,000 umbrella liability policy in the event that I need it. With today's lawsuit climate even that might not be enough if someone is killed in an accident.

I already run that risk with my modified disk brake system on the rear wheels.

People should just not think that having DOT certification on a system will protect you from a lawsuit.



Emery Stora
77 Kingsley
Santa Fe, NM


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Re: [GMCnet] rear brake torque reaction system [message #87718 is a reply to message #87714] Mon, 07 June 2010 20:37 Go to previous messageGo to next message
Ken Coit is currently offline  Ken Coit   United States
Messages: 151
Registered: November 2005
Karma: 0
Senior Member
Emery,

Does your insurance policy have a rider that accepts that you have modified
GMC's 1970s adequate system? Who is your insurance with?

If Chuck's system breaks, the system reverts to the GM design. That sounds
like a good opposing position in a courtroom.

If the original GM system breaks, the owner will be negligent for poor
maintenance.

I think you are making a case for not driving antiques.

Ken




--
Ken Coit, ND7N
Raleigh, NC
Parfait Royale
1978 Royale Rear Bath, 403, 3.07
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Re: [GMCnet] rear brake torque reaction system [message #87729 is a reply to message #87718] Mon, 07 June 2010 22:40 Go to previous messageGo to next message
jimk is currently offline  jimk   United States
Messages: 6734
Registered: July 2006
Location: Belmont, CA
Karma: 9
Senior Member
I'm aware of all these Legal Beagle tactics and if I had brains, I
should not be involved with these options.
We are not going to back off on accessory that are built to function
safely and reliably as the original.
I might have inherited a Yellow skin, but it does not represent me or
the outfit we represent.



On Mon, Jun 7, 2010 at 6:37 PM, Ken Coit <ktcoit@gmail.com> wrote:
> Emery,
>
> Does your insurance policy have a rider that accepts that you have modified
> GMC's 1970s adequate system? Who is your insurance with?
>
> If Chuck's system breaks, the system reverts to the GM design. That sounds
> like a good opposing position in a courtroom.
>
> If the original GM system breaks, the owner will be negligent for poor
> maintenance.
>
> I think you are making a case for not driving antiques.
>
> Ken
>
>
>
>
> --
> Ken Coit, ND7N
> Raleigh, NC
> Parfait Royale
> 1978 Royale Rear Bath, 403, 3.07
> _______________________________________________
> GMCnet mailing list
> List Information and Subscription Options:
> http://temp.gmcnet.org/cgi-bin/mailman/listinfo/gmclist
>



--
Jim Kanomata
Applied/GMC, Fremont,CA
jimk@appliedairfilters.com
http://www.appliedgmc.com
1-800-752-7502
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Jim Kanomata
Applied/GMC
jimk@appliedairfilters.com
www.appliedgmc.com
1-800-752-7502
Re: [GMCnet] rear brake torque reaction system [message #87731 is a reply to message #87729] Mon, 07 June 2010 23:02 Go to previous messageGo to next message
Ken Henderson is currently offline  Ken Henderson   United States
Messages: 8726
Registered: March 2004
Location: Americus, GA
Karma: 9
Senior Member
If we don't have more people willing to take that stance, standing up
for what's logical and sensible instead of what the lawyers dictate,
our country, and society in general, is SUNK.

We've got to somehow regain control of our lives.

JMHO,

Ken H.
Americus, GA
'76 X-Birchaven
www.gmcwipersetc.com



On Mon, Jun 7, 2010 at 11:40 PM, Jim Kanomata <jimkanomata@gmail.com> wrote:
> I'm aware of all these Legal Beagle tactics and if I had brains, I
> should not be involved with these options.
> We are not going to back off on accessory that are built to function
> safely and reliably as the original.
> I might have inherited a Yellow skin, but it does not represent me or
> the outfit we represent.
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Ken Henderson
Americus, GA
www.gmcwipersetc.com
Large Wiring Diagrams
76 X-Birchaven
76 X-Palm Beach
Re: [GMCnet] rear brake torque reaction system [message #87733 is a reply to message #87714] Mon, 07 June 2010 23:06 Go to previous message
ljdavick is currently offline  ljdavick   United States
Messages: 3548
Registered: March 2007
Location: Fremont, CA
Karma: -3
Senior Member
Hmmm, seems to me that good brakes could be the best defense. No crash, no lawsuit!

I've loved reading these threads about the improvement to the brakes. We don't hesitate to replace a transmission, engine, or tire when they fail. Heck, the worst case with one of those failures is that we're stuck on the side of the road and looking forward to big $$ tow bills. A brake "failure" is a little different. It need not be peddle to the floor no slowing. It's more likely to be insufficient braking for the immediate need. The worst case? Crash. Sirens. Hospitals. Worse?

My brakes were just redone by Tom Hampton and I'm not rich. But this big ticket fix is now higher on my list than 16" wheels and comfortable tires.

Larry Davick
The Mystery Machine

On Jun 7, 2010, at 5:53 PM, Emery Stora <emerystora@mac.com> wrote:

>
> On Jun 7, 2010, at 6:36 PM, Bob Miller wrote:
>
>>
>>
>> Emery,
>> I understand and respect what you are saying however having done quite a bit of expert witness work and having a coach with 6 wheel disk brakes where the rears lock up and skid in a fast stop, I am quite confident that we could put an expert witness on the stand who could testify to the fact that Chuck's system INCREASES safety and shortens stopping distance and there would be many of us to confirm that.
>>
>> Often times there is too much fear of what we used to call a "straw man"(which is what might happen in the worse case scenairo) which in 99.99% of the cases never happens.
>>
>>
>>
>> --
>> Bob Miller
>> White Bear Lake,MN
>> 78 Caddy powered
>
>
> Yes, and you should also expect that the plaintiffs attorney will put their two or three "expert witnesses" on the stand as well and point out that GM put a system on the 10000 or so motorhomes that they produced that worked fine. I am just trying to point out that logic doesn't always prevail in lawsuits.
>
> Many cases are down to which "experts" the jury believes the most.
>
> I hope that everyone doesn't think that I am against Chuck's system. I would not have any problem putting Chuck's braking system on my own coach. I would just not expect to necessarily win a case if I have an accident and am sued. That is why I carry $500,000 liability on my GMC and I have another $2,000,000 umbrella liability policy in the event that I need it. With today's lawsuit climate even that might not be enough if someone is killed in an accident.
>
> I already run that risk with my modified disk brake system on the rear wheels.
>
> People should just not think that having DOT certification on a system will protect you from a lawsuit.
>
>
>
> Emery Stora
> 77 Kingsley
> Santa Fe, NM
>
>
> _______________________________________________
> GMCnet mailing list
> List Information and Subscription Options:
> http://temp.gmcnet.org/cgi-bin/mailman/listinfo/gmclist
_______________________________________________
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Larry Davick
A Mystery Machine
1976(ish) Palm Beach
Fremont, Ca
Howell EFI + EBL + Electronic Dizzy
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