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General => General discussion => Topic started by: Diamond Hell on 21 January 2013, 23:52

Title: Engine fails while old pork being tested. Owner sues journalist - who's right?
Post by: Diamond Hell on 21 January 2013, 23:52
If you read motorsports-y mags etc you may be familiar with the name Mark Hales - very experienced racer and latterly journalist.

Short story - he organised a 917 Le Mans type replica owned by David Piper to be tested against Nick Mason's Ferrari 512 (similar vintage).  A gear-shift was fluffed, the engine was over-revved and it blew.  Hales has been taken to court and found liable.  It's going to cost him £50k for the engine rebuild, £70kish for his legal costs and £70kish for the other side's legal costs. The magazines involve have allegedly walked away from him.  Rumour says he's likely to lose his house.

http://www.telegraph.co.uk/motoring/classiccars/9808987/You-bend-it-you-mend-it-motoring-journalist-sued-after-1.25m-porsche-engine-explodes.html

Jalopnik's take on it:

http://jalopnik.com/5977720/auto-journalist-sued-for-174000-for-blowing-a-porsche-engine

Some solicitor's put the judgement up here:

http://www.leeds-solicitors.com/piperhales.pdf

Basically no written agreement - you bend it you mend it/you bend it you buy it stuff and it's been tested here.

Personally I think Hales has made an absolute tit of himself and for whatever reason Piper's decided to break him.  It's two well-off men having a scrap.  Best off leave them be.

I like my cheap toy.

Title: Re: Engine fails while old pork being tested. Owner sues journalist - who's right?
Post by: X4MGS on 22 January 2013, 00:16
Seems fair to me...


You break it - You fix it....


Surely the magazine would have insurance to cover the damage...
Title: Re: Engine fails while old pork being tested. Owner sues journalist - who's right?
Post by: Thom89 on 22 January 2013, 00:41
You own the car, you lend it out, it gets buzzed, you take the hit, you don't lend it out again if it hurts

Thom
Title: Re: Engine fails while old pork being tested. Owner sues journalist - who's right?
Post by: X4MGS on 22 January 2013, 00:49
Seems he lent a £1.25M car out for £2K and was told that it had a full insurance cover from the mag...


Turns out the mag's insurance was "Limited" and then they have walked away from the case... Typical...


And left the driver stranded...



Title: Re: Engine fails while old pork being tested. Owner sues journalist - who's right?
Post by: Ant1981 on 22 January 2013, 07:54
He'll lose his house? Now, come on, you break you pay, ok fine, but to put a man on the streets? Where's the sense in that? What judge in their right mind would see a man homeless over a car?
Title: Re: Engine fails while old pork being tested. Owner sues journalist - who's right?
Post by: Jimble on 22 January 2013, 10:59
I wish i was a solicitor! Those legal fees are crazy!! :sick:
Title: Re: Engine fails while old pork being tested. Owner sues journalist - who's right?
Post by: Guy on 22 January 2013, 12:44
would have thought that before driving the tits off a car like that you would check there is adequate insurance  :whistle:
Title: Re: Engine fails while old pork being tested. Owner sues journalist - who's right?
Post by: Len on 22 January 2013, 12:44
Hales looks stuffed!

Only winners here are the legals
Title: Re: Engine fails while old pork being tested. Owner sues journalist - who's right?
Post by: Organisys on 22 January 2013, 12:53
*sounds of solicitors wringing hands*

Title: Re: Engine fails while old pork being tested. Owner sues journalist - who's right?
Post by: X4MGS on 22 January 2013, 13:07
He'll lose his house? Now, come on, you break you pay, ok fine, but to put a man on the streets? Where's the sense in that? What judge in their right mind would see a man homeless over a car?

Law & Sense..... Don't make me laff....
Title: Re: Engine fails while old pork being tested. Owner sues journalist - who's right?
Post by: Sam on 22 January 2013, 13:13
Don't over rev-it or it will blow up. Over revs and sure enough it explodes. Shut case In my opinion
Title: Re: Engine fails while old pork being tested. Owner sues journalist - who's right?
Post by: danny_p on 23 January 2013, 00:42
but old vintage race engines scan and will explode at any point but if he buzzed the tits off it that would come down to him needing to fix it
Title: Re: Engine fails while old pork being tested. Owner sues journalist - who's right?
Post by: RickS on 23 January 2013, 11:32
What! No rev limiter on a super car - I'd be very shocked and surprised  :shocked:
Title: Re: Engine fails while old pork being tested. Owner sues journalist - who's right?
Post by: xxChrisxx on 23 January 2013, 16:40
What! No rev limiter on a super car - I'd be very shocked and surprised  :shocked:

It's not a supercar, its a race engine.

Even so, it's far more likely that he selected the wrong gear and buzzed the engine. Which is why the case didn't go his way. If you are doing 'X' speed and select a gear that is too low, you will buzz the engine, rev limiter or not.

The only person that will ever truly know what went on is the driver.
Title: Re: Engine fails while old pork being tested. Owner sues journalist - who's right?
Post by: clipperjay on 23 January 2013, 19:24
Cut the car in half ops wrong thread  :rolleyes:
Title: Re: Engine fails while old pork being tested. Owner sues journalist - who's right?
Post by: JC on 23 January 2013, 19:25
 :laugh:
Title: Re: Engine fails while old pork being tested. Owner sues journalist - who's right?
Post by: DanSN1 on 29 January 2013, 11:08
i'm still confused as to how they know he over revved the engine? the guy who owned the car has more than enough money to pay for repairs so i feel this is more of a moral issue of a guy who can pay forcing a guy who can't and will probably lose his home because of having to pay.
Title: Re: Engine fails while old pork being tested. Owner sues journalist - who's right?
Post by: Thom89 on 29 January 2013, 12:34
i'm still confused as to how they know he over revved the engine? the guy who owned the car has more than enough money to pay for repairs so i feel this is more of a moral issue of a guy who can pay forcing a guy who can't and will probably lose his home because of having to pay.

An on board data logger would have logged engine RPM, gear changes, throttle position etc etc, and where on the track the incident happend! Engine management would most likely have an interchangeable "chip" that would govern throttle RPM, but useless against over revving by missing a gear, or engine braking etc,
Uploading this data to a laptop, will show, and prove exactly what happened...

Thom
Title: Re: Engine fails while old pork being tested. Owner sues journalist - who's right?
Post by: MrBounce on 29 January 2013, 16:43
Data logger? Engine Management? Chip? It's a late 60s/early 70s Porsche...  :huh:
Title: Re: Engine fails while old pork being tested. Owner sues journalist - who's right?
Post by: Thom89 on 29 January 2013, 17:52
Data logger? Engine Management? Chip? It's a late 60s/early 70s Porsche...  :huh:

 :grin: :grin: All our Historic race cars have it... you need to know what's going on!

Thom
Title: Re: Engine fails while old pork being tested. Owner sues journalist - who's right?
Post by: clipperjay on 29 January 2013, 23:19
i'm still confused as to how they know he over revved the engine? the guy who owned the car has more than enough money to pay for repairs so i feel this is more of a moral issue of a guy who can pay forcing a guy who can't and will probably lose his home because of having to pay.

An on board data logger would have logged engine RPM, gear changes, throttle position etc etc, and where on the track the incident happend! Engine management would most likely have an interchangeable "chip" that would govern throttle RPM, but useless against over revving by missing a gear, or engine braking etc,
Uploading this data to a laptop, will show, and prove exactly what happened...

Thom

Thom meant to say the rev counter needle got stuck at 9000RPM just after it blew  :tongue:
Title: Re: Engine fails while old pork being tested. Owner sues journalist - who's right?
Post by: Diamond Hell on 04 February 2013, 13:24
This is still rumbling on.  There is a fund to donate to Mr Hales' legal costs etc.

Not sure how I feel about that - it's not going to change the precedent of the judgement, which serves as a stake in the ground for further cases of this nature.

As my first post really - the problems of the well-off.  :sad:
Title: Re: Engine fails while old pork being tested. Owner sues journalist - who's right?
Post by: Thom89 on 04 February 2013, 13:38
My opinion stays the same, if you have an expensive race car, be careful who you lend it to!
 :lipsrsealed: :lipsrsealed: :lipsrsealed:

Thom
Title: Re: Engine fails while old pork being tested. Owner sues journalist - who's right?
Post by: X4MGS on 04 February 2013, 13:47
Or at least make sure the insurance covers all eventualities...  :-X :-X
Title: Re: Engine fails while old pork being tested. Owner sues journalist - who's right?
Post by: Mr Blue on 04 February 2013, 14:12
Feel for the guy. Legal cases are not cheap and I hope he doesn't lose his home. :sad:
Title: Re: Engine fails while old pork being tested. Owner sues journalist - who's right?
Post by: Jay on 05 February 2013, 11:48
I think the tabloid he was doing this for should help him out, they're a bunch of cnuts for washing their hands of this.
Title: Re: Engine fails while old pork being tested. Owner sues journalist - who's right?
Post by: clipperjay on 05 February 2013, 14:52
Agreed with Jay there, should be Contigency plans on insurance. Anyself respecting journalist tabloid would have one! Plus not sure if he was freelance journalist or actually under contract with company?
Title: Re: Engine fails while old pork being tested. Owner sues journalist - who's right?
Post by: dTEA on 05 February 2013, 15:59
Agreed with Jay there, should be Contigency plans on insurance. Anyself respecting journalist tabloid would have one! Plus not sure if he was freelance journalist or actually under contract with company?
I presume thats where the technicalities kick in...covered if a full time employee...limited insurance for freelancers, presuming they have their own cover...and seeing as he does this regularly you would think he did have...or was he driving stuff as complete freelance on his "own" full comprehensive??  :lipsrsealed:
Title: Re: Engine fails while old pork being tested. Owner sues journalist - who's right?
Post by: Diamond Hell on 05 February 2013, 18:56
The main thing this should do is ensure contracts are drawn up for this sort of thing and signed before the event rather than relying on goodwill, which can evaporate very quickly if something goes sh*t-shaped.
Title: Re: Engine fails while old pork being tested. Owner sues journalist - who's right?
Post by: dTEA on 05 February 2013, 22:41
^definitely. But even contracts can go to sh1t. Just means more for lawyers trying to earn their crust if someone wants to defend themselves and sees themselves in the right still
Title: Re: Engine fails while old pork being tested. Owner sues journalist - who's right?
Post by: Wayne on 05 February 2013, 23:43
From what I have read it seems he admitted to fluffing / missing a gearchange but once he found the insurance company was unwilling to help he tried to retract his admission.

I still think it is crazy that it was not running a rev limit, even if it restricted the test a little it would have been safer all round.
Title: Re: Engine fails while old pork being tested. Owner sues journalist - who's right?
Post by: mcgee9t2 on 06 February 2013, 12:29
From what I have read it seems he admitted to fluffing / missing a gearchange but once he found the insurance company was unwilling to help he tried to retract his admission.

I still think it is crazy that it was not running a rev limit, even if it restricted the test a little it would have been safer all round.

+1 even if it was my own car, which noone else was going to drive and i knew revving it too high was going to make the gear box/engine sh!t its self therefore making me not want to go near those revs ide still have a limiter on there
Title: Re: Engine fails while old pork being tested. Owner sues journalist - who's right?
Post by: lewis1641 on 06 February 2013, 12:40
a rev limiter wouldn't have helped in the event of a missed gear change necessarily
Title: Re: Engine fails while old pork being tested. Owner sues journalist - who's right?
Post by: Thom89 on 06 February 2013, 18:37
a rev limiter wouldn't have helped in the event of a missed gear change necessarily

Correct, serious lack of understanding on this thread :rolleyes:
A rev limiter, will only work on throttle RPM, and NOT the engine being overdriven, by either missing a gear, or for example, downshifting from 5th, into 2nd, this will "Buzz" an engine, and generally destroys the top end... or worse
All a rev limiter will do, is cut the ignition, at a set RPM, so the engine can't be over revved in normal driving/racing parameters

Thom
Title: Re: Engine fails while old pork being tested. Owner sues journalist - who's right?
Post by: JC on 06 February 2013, 18:44
a rev limiter wouldn't have helped in the event of a missed gear change necessarily

Correct, serious lack of understanding on this thread :rolleyes:
A rev limiter, will only work on throttle RPM, and NOT the engine being overdriven, by either missing a gear, or for example, downshifting from 5th, into 2nd, this will "Buzz" an engine, and generally destroys the top end... or worse
All a rev limiter will do, is cut the ignition, at a set RPM, so the engine can't be over revved in normal driving/racing parameters

Thom


just this thread  :laugh:

 :kiss:
Title: Re: Engine fails while old pork being tested. Owner sues journalist - who's right?
Post by: Thom89 on 06 February 2013, 19:04
a rev limiter wouldn't have helped in the event of a missed gear change necessarily

Correct, serious lack of understanding on this thread :rolleyes:
A rev limiter, will only work on throttle RPM, and NOT the engine being overdriven, by either missing a gear, or for example, downshifting from 5th, into 2nd, this will "Buzz" an engine, and generally destroys the top end... or worse
All a rev limiter will do, is cut the ignition, at a set RPM, so the engine can't be over revved in normal driving/racing parameters

Thom


just this thread  :laugh:

 :kiss:

Just like my kids have selective hearing, I have selective thread reading :grin:

Thom
Title: Re: Engine fails while old pork being tested. Owner sues journalist - who's right?
Post by: JC on 06 February 2013, 19:19
a rev limiter wouldn't have helped in the event of a missed gear change necessarily

Correct, serious lack of understanding on this thread :rolleyes:
A rev limiter, will only work on throttle RPM, and NOT the engine being overdriven, by either missing a gear, or for example, downshifting from 5th, into 2nd, this will "Buzz" an engine, and generally destroys the top end... or worse
All a rev limiter will do, is cut the ignition, at a set RPM, so the engine can't be over revved in normal driving/racing parameters

Thom


just this thread  :laugh:

 :kiss:

Just like my kids have selective hearing, I have selective thread reading :grin:

Thom

did someone say summat  :whistle: