There was a recall on the middle tail light a while back - it is usually a result of the screw been twisted in too tightly. Mine was cracked and it was fixed and it has never happened again.
DEFINITELY a warranty item. Tell your SA to shove it if they say otherwise. He/she should be able to pull up a service bulletin from BMWAUS on it.
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E82 135i M-sport: SGM/6MT/Black
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