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Tesla Lemon Model S owner Rebuttal to Tesla's Blog Post

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Should we start a separate tread for Lawyer jokes? :biggrin: (applied only to the ones that are like that)

If so, that would definitely make a great thread!

What exactly do you mean by decent?

I cannot answer that question. You have to ask that question to the individual I quoted, but I would consider the OP (of the quote) calling the attorney in question an indecent attorney because of his 'claim to fame video.' I would back that claim by saying that the majority attorney's will fight for the right case, if it landed them with popularity. With that said it goes to show that regardless of the case there has to be a prosecution and a defense and there will always be an attorney that will take both.
 
What irks me more (and there is a VERY strong chance this is a coincidence and not his profile, so I'm not going to link it) but the linkedin profile I found that matched the name, location, career field, and background military service has him listed as a retired staff Sargent Med Tech... not a Colonel Flight doc... but probably not him and just a coincidence.
While it certainly wouldn't be the most common way to get a medical license, he could have gotten interested in the field while in the service and pursued his MD upon his return. My wife went to med school with someone who did that.

20 hours, almost 100 posts, and nary a peep from Dr OP...
I'm surprised he posted publicly at all. What we've seen here is proof of why any decent lawyer instructs their clients not to speak publicly about pending litigation.
 
While it certainly wouldn't be the most common way to get a medical license, he could have gotten interested in the field while in the service and pursued his MD upon his return. My wife went to med school with someone who did that.


I'm surprised he posted publicly at all. What we've seen here is proof of why any decent lawyer instructs their clients not to speak publicly about pending litigation.
I guess what I was getting at was that the LinkedIn profile claimed to be retired at a much lower rank than he claims on the attorney's website. Again, probably 2 different people or something. I just thought if he was a retired colonel, there was a chance his bio is posted somewhere. Those can be interesting reads. No luck though, all that came up was a LinkedIn profile.
 
Seems like Montgomery is now approaching a Broderian level of infamy in the Tesla community. I would like to see Tesla just buy the car back and then refuse to ever sell him a Tesla product again. He can go back to his Volt with its perfectly functioning door handles.
 
This post from the Volt forum is quite telling about our Dr. (especially the "really out of the blue volatility" comment)

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montgom626 Banned Again

I see that montgom626 has been banned again. I went back through his posts to see what he did this time, and it was more of the same:
  • directly insulting and disrespectful comments to other members,
  • denigrating gm-volt.com founder Dr. Lyle Dennis,
  • intentionally abrasive remarks,
  • really out of the blue volatility, and
  • repeated attempts to sow conflict.

A careful examination of his posts suggests that these are personal failures that likely pervade other aspects of his life (i.e. it is unlikely that he is an infiltrator, he's just a screw up).

If the moderators let him back in yet again, you newbies are forewarned to keep your guard up around him.​
 
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Mod Note: this is relevant to everyone....I fixed the post immediately above this one to show it was a quote and to add a link to the appropriate page. Please note that it is proper etiquette towards other organizations (especially another car forum) that a link is included as source for the quote. (Sorry to pick on JJR64 as an example, no negative conotation on him/her as a member is intended)
 
He leased the Volt, so I guess he wasn't that committed to it. There's a montgom626 on the Chevy Cruze forum, as well as a BMW forum. Just thought that was interesting. A real car enthusiast with a wide range of tastes.
 
Here's some real good questions
Did you have the doors "locked" when they handles were not extending?
A video can be pretty easily doctored

Also, I can very easily interfere with my FOB if I have it in the same pocket as my cell phone. Move the phone, and the car receives the FOB signal

As for the "bricking" issue
Let's see winter 2014- so that would make it version 5 or 4.2 correct? The one that does not have the huge vampire drain issue? Believe version 2 had it. So you want us to believe you have version 2, that was updated in Winter 2013 and did not update it nor did Tesla service update it when it was brought in for service? Something does not jive there. Fear of bricking? I went of vacation in Feb, had the car NOT plugged in (oops) and lost a total of 30 miles in 1 week. Not to mention it goes into some sort of sleep mode that lowers the power draw (takes a few minutes to connect after a week of that). AND to top that off, you were waking up the car out of sleep mode every day. Seems to me you don't understand how the car operates or took the Roadster issue and trying to confound people.
 
MikeC,
Your suggestion to buy this guy out is the expedient path but it sets a precedent that you can buy the car, drive it for a while, intentionally create fud (damaging to Tesla's reputation) then force Tesla to buy back the product. This rewards behavior that is bad in way too many ways. It may be harder and more painful to deal with this first attempt at "Lemmon Law Scamming" but I think it will pay dividends in the long run. It is a trick you learn when you have been run around the block a few times in that what appears to be the easiest and best cost based decision turns out to be a bad long term business decision.

Put differently, I think our Doc poked the wrong hornet's nest :)
 
And a rebuttal to the rebuttal. Essentially a non-rebuttal with no content.

The Law According to VINCE MEGNA: Client's Response to Tesla's Blog Post

My reply to that blog post:

You may want to have your attorney advise you as to what an "allegation" is. Tesla's blog post contains no "allegation" regarding the fuse. It does, however, report events regarding the fuse:

"...they determined that the car's front trunk had been opened immediately before the fuse failure on each of these occasions. (The fuse is accessed through the front trunk.) Ultimately, Tesla service applied non-tamper tape to the fuse switch. From that point on, the fuse performed flawlessly."

Now you may feel this makes some implications, but it is not an allegation. If you also believe their account to be factual you may draw your own conclusion, as I have."
 
My reply to that blog post:

If not an allegation then surely an insinuation. The tamper tape preceds the fuse stopping to fail. The opening of the frunk preceds the failure of the fuse on several occasions. These temporal correlations suggest, but do not prove, a causal relationship between these events. In my book though there really isn't a better explanation than tempering, is there?

Also isn't it super wierd for an attorney not to forbid his client about talking about a case that is going to litigation??? And on top of that the lawyer makes a blog post him self??? Is this not remarkable?
 
Also isn't it super wierd for an attorney not to forbid his client about talking about a case that is going to litigation??? And on top of that the lawyer makes a blog post him self??? Is this not remarkable?

I's free advertising for the Lawyer. The Lawyer wants everyone talking about him and his business. The Lawyer doesn't care if he wins the case or not, because if he loses, he'll most likely make a statement claiming a moral victory because he got Tesla to fix the issues with the car. It sucks to be his client though, but in this case, I have no sympathy at all.
 
MikeC,
Your suggestion to buy this guy out is the expedient path but it sets a precedent that you can buy the car, drive it for a while, intentionally create fud (damaging to Tesla's reputation) then force Tesla to buy back the product. This rewards behavior that is bad in way too many ways. It may be harder and more painful to deal with this first attempt at "Lemmon Law Scamming" but I think it will pay dividends in the long run. It is a trick you learn when you have been run around the block a few times in that what appears to be the easiest and best cost based decision turns out to be a bad long term business decision.

Put differently, I think our Doc poked the wrong hornet's nest :)

I agree. I also think that Elon Musk has very strong feelings about right, wrong and fair based on emotional reactions we've all seen in a number of videos of events/interviews. An incident like this will anger such a person and often cause them to react based on the principle of the thing. Additionally, Elon Musk never seems to do anything solely or wholly based on monetary outcome.
 
And a rebuttal to the rebuttal. Essentially a non-rebuttal with no content.

The Law According to VINCE MEGNA: Client's Response to Tesla's Blog Post

Note the first paragraph regarding his service in the military. As if being in the military makes you an honest and ethical person? If you have to write an entire paragraph about your service to this country as a blatant play for sympathy, the facts are clearly not on your side. You can also tell that this response was coached by his ambulance chasing, pathetic excuse for a human being lawyer.
 
If not an allegation then surely an insinuation. The tamper tape preceds the fuse stopping to fail. The opening of the frunk preceds the failure of the fuse on several occasions. These temporal correlations suggest, but do not prove, a causal relationship between these events. In my book though there really isn't a better explanation than tempering, is there?

Also isn't it super wierd for an attorney not to forbid his client about talking about a case that is going to litigation??? And on top of that the lawyer makes a blog post him self??? Is this not remarkable?

It doesn't look like he wants to go to court according to this post ([Advice] Electric Plug installation in condominiums (Ontario))

Don't spend a dime until you have the agreement in hand. Court is a waste of time.

Except if you want to keep doing the Lemon Law every year.