2nd Failure: Transfer Case / Front Drive Shaft

[bbh03]

I had this happen back in 2009 at about 90k miles. The front driveshaft splines stripped leaving the car stranded (4.4i). At that time it was repaired under CPO warrantee. Documentation says both the case and shaft were replaced.

Now the car is at about 128k and the same exact failure has occured. It has been less than 40k miles and about 2.5 years on this gearbox.

This time it standed my pregnant wife on train tracks and she and her brother could not push it off with out help. As if that isn't enough, shortly after it failed, the lights came on for an approaching train. Luckily they were able to get help before the train came!

Thoughts? I plan to call the dealer who did the work at 90k today and find out what is the warantee on repairs.

Has anyone has this happen more than once?