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Beijing man sues Bentley maker
By Liu Li (China Daily)
Updated: 2004-05-25 00:41 A Beijing man is suing one of Britain's most
famous car makers after discovering a potentially fatal flaw in the car.
Guo Yong, 47, sued after a steering tension link allegedly fell off in his
4.68 million yuan (US$565,000) Bentley.
Guo bought the Bentley in August 2002. Last March, with about 4,100
kilometres on the odometer, the car went out of control.
Bentley mechanics said that on the day the steering tension link had fallen,
they replaced it.
"But the replaced tension link could very possibly fall off again without any
further action," Guo claims in his lawsuit.
A dropping tension link is serious business, said Cai Shifang, a professor at
the Tsinghua University's Vehicle Institute. If the link falls off at the wrong
time, it could result in a serious traffic accident. Not only that, it is
inconceivable to think of a link dropping within the normal life-span of the
car.
Cai said that the problem is either a manufacturing or structural flaw.
Guo said he appealed to the Beijing Bentley Group, looking for a guarantee
that the link would not fall off again.
"But the English company ignored my request and only sent a letter saying
they are sorry the problem occurred after only a few thousand kilometres," Guo
said.
So Guo sued.
The lawsuit is based on the Law on the Product Quality, said Guo's lawyer
Yang Younan.
Guo is looking for Bentley to refund his 4.68 million yuan (US$565,000) and
pay 482,000 yuan (US$58,200) in compensation.
But, in another twist, the court hearing was adjourned Monday after the
defendant questioned the standing of the chief presiding judge.
The Beijing Bentley Group said chief judge Li Shuxin of the Beijing No 2
Intermediate People's Court and clerk Jin Hong published stories on some
Beijing-based newspapers including the China Vehicle Daily that obviously side
with Guo.
After the legal challenge, the hearing was delayed.
After an hour-long private session with three judges, including Li, a
decision was postponed for three days.
The challenge has no legal precedent.
According to the Civil Procedural Law of 1991, litigants have the right to
apply for new judges in the event of a connection between the judge and one of
the parties in the lawsuit.
Sources with the Beijing Bentley Group declined to make any comment Monday.
Another defendant, the English Bentley Motors Limited Company, was not
represented Monday.
Beijing Bentley tried to settle the case out of court, said Guo, and offered
free services until 2007 or 80,000 kilometres.
According to Bentley's advertisement in China, all of the Bentley cars are
produced by highly skilled craftsmen in its Crewe Factory in England.
Bentley is the only vehicle brand that combines top luxury with excellent
technical performance, the advertisement in Chinese said.
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