Miata Mailing List: August 1994, Message #94
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   From: "Robert Cohen" 
Subject: A Spin Story
   Date: Thu, 4 Aug 1994 07:27:52 -0400

        Reply to:   A Spin Story
Bill Allen writes about a failed automatic transmission.

Although I've got a manual, I try to read all I can about the Miata, and 
I've _never_ heard of something like this ever occurring in the past.  

My reaction to your story is that
your friend's driving responses were appropriate, and your diagnosis
appeared to be very reasonable.  More importantly, Linda's documented
the problem with the dealer (and that she's ok, of course :)   ). 

At the very least, I think you've provided evidence that the accident
may have been due to a manufacturer's defect, and/or the dealer's
failure to adequately diagnose a serious problem.  It would therefore
seem that the dealer or Mazda should be responsible for providing
a replacement (in contrast to the insurance company having to 
pay for it, and settling for only the nondepreciated costs).  There also
may be an entirely separate issue with dealer liability if there were
any injuries, etc., but:

1) I imagine that it would depend on Linda's stomach for 
legal battles; and 
2) What do I know, I'm no lawyer.

>A forensic mechanic is examining the transmission.
 
 Well, at least the term "forensic mechanic" made me smile!

Bob