TL* THE CONTACT OWNS A 2008 BMW M3. WHILE ACCELERATING, THE THROTTLE BECAME STUCK AND CAUSED THE REAR TIRES TO SPIN. THE CONTACT STRUCK A CURB, CRASHED INTO A TREE, AND THEN A FENCE. THE AIR BAGS DID NOT DEPLOY. A POLICE REPORT WAS FILED. THE CONTACT SUSTAINED A BACK INJURY THAT NEEDED MEDICAL ATTENTION. THE VEHICLE WAS TOWED TO A TOWING LOT. THE VEHICLE WAS NOT REPAIRED. THE MANUFACTURER WAS NOT NOTIFIED OF THE FAILURE. THE APPROXIMATE FAILURE MILEAGE WAS 65,000.