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View Full Version : Update on the '02DMax/Banks Exhaust Brake-->Catastrophic Failure?



TxDoc
10-03-2005, 11:54
From Truck Trend--Nov/Dec 2005 page 84:

GM claimed it was the exhaust brake's fault. Owner reluctanly paid $21,885 for engine replacement and a core charge of $3,500 to retain the damaged goods. He refused GM's offer of $10,000 and obtained legal representation.

After a year, they arrived at the mediation table. Complainant produced an engineer's report that implied metal fatigue in a valve stem, possibly due to a bad batch of materials, caused stem breakage, which initiated a chain reaction of damage in multiple cylinders. Gale Banks reps were satisfied, and GM's said they were not prepared. They left and said they would schedule time for their own engineer to inspect the engine. They never did so. But, they did discuss the failure with the engineer who delivered the report on behalf of the owner.

Without claiming responsibility, GM offerred the owner a check for $67,857-included buying back the truck at the original price-minus $12,000 usage fee for 3-1/2 years owned-parts, labor and labor for replacement engine and all legal fees rendered. Gale Banks also remitted $3,750.

The driver accetped the agreement, which put him back on the road in a Dogde Ram with a Cummins diesel..minus the exhaust brake.

markrinker
10-04-2005, 10:37
Congrats on your success as a consumer vs. megacorporations.

I am down to the $$$ collections phase on a judgement (in my favor) stemming from a lawsuit I filed against a private party in PA over internet fraud. The guy sold me a real 'bill of goods', a '32 streetrod with bad motor, no clear title - when one was promised, and was not even a licensed dealer - when he advertised that he was.

It has taken three years and two lawyers in two states to finally get to this point. With any luck, I'll bet getting back about 70% of my original losses after lawyers fees, and before calculating any interest.

You did well to wrap this up in a little over a year!

Question: What do YOU think caused the failure, metal fatigue or the Banks Product? Why did Banks cut you a check?

TxDoc
10-04-2005, 17:46
This is a follow-up article that Truck Trend is writing about an owner's truck. Not mine, though. The info posted is a shortened version from the page listed in the volume of Truck Trend.

I think it shows that you have to be persistent and prepared to be successful. No matter if it is GM, Ford, Dodge, or another large corporation. You don't see many success stories, as I would assume most people do not plan, are not sure what to do and may weaken as time and effort accumulates.

Jim Brzozowski
10-07-2005, 10:51
I see someone took my advice about using a regestered professional engineers report. I'll work in court too. The guy is putting not only his reputation on the line but also his license.
Congrads. Interesting"metal fatigue". Thats a design flaw in failure to specify the proper material, or failure of the supplier to furnish the right material to the specifications. What you wanna bet its Chineese. We bought some valves from a supplier who tried to cut his costs by buying Chineese. They leaked like a syve, when we hydrotested them.