NHTSA Complaint #10816527 — 2014 BMW 320I

RENTAL OF 2014 BMW 320I IN JUNE 2014. PARKED AUTO IN LEVEL PARKING LOT BY PLACING FOOT ON BRAKE AND DEPRESSING "PARK" BUTTON ON GEAR SHIFT, AFTER WHICH WIFE EXITED PASSENGER SEAT TO RETRIEVE PACKAGE IN REAR SEAT. WHEN BRAKE RELEASED TO TURN OFF ENGINE, AUTO ROLLED FORWARD ONTO WIFE'S LEFT FOOT, CRUSHING IT INTO THE PAVEMENT UNDER THE WEIGHT OF REAR WHEEL OF AUTO AND CAUSING HER TO FALL HARD ON CONCRETE PAVEMENT. GEAR SHIFT WHEN "PARK" BUTTON ENGAGED HAD GONE INTO "NEUTRAL" ONE GEAR ABOVE "PARK." BECAUSE ENGINE WAS TURNED OFF AND HAS TO BE DEPRESSED TWICE VERY SLOWLY - WITH SPACE IN-BETWEEN EACH DEPRESSION - OR ENGINE WILL NOT ENGAGE, REAR WHEEL WAS CRUSHING WIFE'S FOOT FOR 1-2 MINUTES BEFORE ENGINE WOULD RE-ENGAGE AND AUTO COULD BE ROLLED OFF HER FOOT. PLEASE NOTE THAT 2014 MBW 320I GEAR SHIFT HAS "PARK" IN THE MIDDLE OF THE GEAR SHIFT, NOT AT THE TOP AS IS CUSTOMARY, WITH "NEUTRAL" ONE SLOT ABOVE "PARK." WE TESTED PUTTING THE CAR IN PARK SEVERAL MORE TIMES AFTER THE INCIDENT DESCRIBED ABOVE AND NEARLY 50% OF TIME WHEN THE "PARK" BUTTON IS DEPRESSED, THE GEAR SHIFT SLIDES FORWARD ONE SLOT PAST "PARK" INTO "NEUTRAL." IF AUTO WERE ON A SIGNIFICANT INCLINE OR IF PARKED IN FRONT OF CONCRETE OR BARBED WIRE BARRIER WITH SOMEONE WALKING IN FRONT OF AUTO WHEN "PARK" BUTTON IS ENGAGED, MISTAKENLY SLIDING INTO "NEUTRAL," SOMEONE COULD BE INJURED MUCH MORE SERIOUSLY OR EVEN FATALLY. WE NOTE PREVIOUS COMPLAINTS TO THE NHTSA REGARDING SAME GEAR SHIFT DEFECT IN 7-SERIES BMW'S MADE BETWEEN 2001 AND 2008 THAT RESULTED IN A CLASS ACTION LAWSUIT, WHICH WAS DISMISSED BECAUSE PLAINTIFF'S FAILED TO PROVE THAT BMW KNEW ABOUT THE PROBLEM. THAT CAN HARDLY BE A LEGITIMATE EXCUSE IN THIS INSTANCE WITH A BMW 320I MADE IN 2014.