Question for anyone who went to court with an engine builder
10-30-2011 | 08:52 PM
#22
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From: METRO BEACH, MICHIGAN
10-30-2011 | 09:03 PM
#23
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I have gone through something similar, not motor, but boating related event, in AZ and you would be suprised what the courts will do. I sued for: Initial funds paid to person, cost of funds for repair of what they screwed up, boat payments, storage fees, my time, and got punitive damages. So, it sounds to me like you MAY get what you are looking to get. In my situation, it was clearly fraud so that really pissed the judge off. I was able to document my claims for $ and he awarded every penny I was asking for. He also awarded punitive damages so that went above and beyond. The judgment came in for fraud as well which is non dischargable in BK. Basically, right now I own this guy. 
Not going to get anything, but am able to make his life miserable.
Not going to get anything, but am able to make his life miserable.
10-30-2011 | 09:19 PM
#25
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From: Mt. Juliet, Tn
Sorry about your troubles HiPerf, but you might be SOL, just as I am with a tire issue.
The burden of proof is on the plaintiff. All your motor guy has to say that there wasn't or might not been enough oil. You have to prove that there was. Saying and swearing up and down is not proof, even if you are 100% right. The only way you may "prove" it is having a vid taking while you filled it up with the right oil the right amount etc. with the vid done by an independent, notarized. etc. etc. As soon as you tinkered with the motor, he is off the hook. Try to work out something, because you have an uphill battle, plus he fixed it I guess. It sux. I'm out about 400K when a new tire blow 4 years ago. Flipped trailer, boat off on the highway, truck flipped, I had shoulder injury and surgery.
No lawyer or firm wants to take the case, since it is "easily defendable". I have a witness, all the docs, Carlisle tires have recalls, DOT issues, chit tires for sure, but all Carlisle have to say is could have been a nail in the tire. Tire is all over the highway disintegrated. I have a tough time "proving" defect, (While it is obvious) so I'm SOL for 400K. I have a week left to file, no lawyer.
The burden of proof is on the plaintiff. All your motor guy has to say that there wasn't or might not been enough oil. You have to prove that there was. Saying and swearing up and down is not proof, even if you are 100% right. The only way you may "prove" it is having a vid taking while you filled it up with the right oil the right amount etc. with the vid done by an independent, notarized. etc. etc. As soon as you tinkered with the motor, he is off the hook. Try to work out something, because you have an uphill battle, plus he fixed it I guess. It sux. I'm out about 400K when a new tire blow 4 years ago. Flipped trailer, boat off on the highway, truck flipped, I had shoulder injury and surgery.
No lawyer or firm wants to take the case, since it is "easily defendable". I have a witness, all the docs, Carlisle tires have recalls, DOT issues, chit tires for sure, but all Carlisle have to say is could have been a nail in the tire. Tire is all over the highway disintegrated. I have a tough time "proving" defect, (While it is obvious) so I'm SOL for 400K. I have a week left to file, no lawyer.
10-30-2011 | 09:31 PM
#26
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From: N.E.
heres another question that would be slander related....
He doesnt have a website. I can buy the domain name for his business for $7 per year. If i build a website and list the details of how he screwed me as the content, and also have a section where others can comment on my situation, or share how they have also been screwed by the same builder, could he go after me or that ?
He doesnt have a website. I can buy the domain name for his business for $7 per year. If i build a website and list the details of how he screwed me as the content, and also have a section where others can comment on my situation, or share how they have also been screwed by the same builder, could he go after me or that ?
10-30-2011 | 10:20 PM
#27
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Lots of us have been burned by engine builders re-builders etc.
It sux.
You could buy the domain name and do all that - remember anyone can sue anyone for anything.
The guys telling you to move on have it right.
You partially completed the job hence you share accountability.
There are three sides to every story.
Dont spend good money after bad, just tell your story and be prepared for him to tell his.
Sorry dude.
Uncle Dave
It sux.
You could buy the domain name and do all that - remember anyone can sue anyone for anything.
The guys telling you to move on have it right.
You partially completed the job hence you share accountability.
There are three sides to every story.
Dont spend good money after bad, just tell your story and be prepared for him to tell his.
Sorry dude.
Uncle Dave
10-30-2011 | 10:32 PM
#28
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heres another question that would be slander related....
He doesnt have a website. I can buy the domain name for his business for $7 per year. If i build a website and list the details of how he screwed me as the content, and also have a section where others can comment on my situation, or share how they have also been screwed by the same builder, could he go after me or that ?
He doesnt have a website. I can buy the domain name for his business for $7 per year. If i build a website and list the details of how he screwed me as the content, and also have a section where others can comment on my situation, or share how they have also been screwed by the same builder, could he go after me or that ?
10-31-2011 | 12:09 AM
#29
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Joined: Oct 2000
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From: Omaha/LOTO
Like others said, I see this as a waste of time, energy and $$$.
Unless you had other multiple engine builders examine the damaged engine, then there is no way prove it is his fault.
The easiest way to cost him some $$$ is to post his info in the Beware and Stolen section.
Unless you had other multiple engine builders examine the damaged engine, then there is no way prove it is his fault.
The easiest way to cost him some $$$ is to post his info in the Beware and Stolen section.
10-31-2011 | 08:34 AM
#30
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Lots of people do this, we hada friend whose home builder really screwed them over and they company (now out of business) Fountain Homes, was not at all impressed with fountainhomessuck.com (which apparently isn't online anymore), it turned out to be a big headache. Do you really want to go down that path? Do small claims court and give it a go, if not, just let it go. It's not worth it.
$10K award limit, small filing fee ($65.50). I do not practice law in PA, but this would be the less expensive way to go, if the case can be proven.
This link explains the Pennsylvania Small Claims Court procedure, costs, and award limit. Very informative link.
http://courts.phila.gov/pdf/brochure...aims-court.pdf
Call me with questions.
I am not licensed to practice law in Pennsylvania, only New Jersey (handling Criminal, Traffic, DUI, Municipal Court, DYFS, Child Custody/Support cases).
I do know many PA lawyers, but not sure if any would take this case. Call me questions.
Stephen
Last edited by Smarty; 10-31-2011 at 08:42 AM.
