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OT - small claims court next Tuesday

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Old 10-31-2002, 02:24 PM
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Exclamation OT - small claims court next Tuesday

A brief recap: Blew the 454 in my mint 1972 Blazer this spring. Brought it to an outfit called "The Shop" (tricky name, huh?) and they replaced the engine. 2 hours after I picked it back up, 2 lobes on the cam went flat. Took it back to The Shop the next day and told them to fix it. They later called me and informed me they were towing it to the engine builders shop and he would replace the cam, and because it was under warranty there was no charge.
2 1/2 weeks later I call the engine builder and find out the truck now runs great but hey, my $6k stereo system was stolen out of the Blazer! I go to the engine builders "facility" - it's out of his house!! The idiot had my Blazer parked across the street from his house - basically in a field.
This goof informs me his homeowners won't cover it - and I didn't really care. My issue isn't with him - it's with the people I left my Blazer with - The Shop. THEY are the ones I left it with. THEY are the people I paid for services.
The Shop's insurance company (Pekin) sends me a letter stating that because the Blazer wasn't in their control, care, etc...(it was at the engine builders house) they denied the claim.
I figure The Shop needs to deal with the idiot they sub contracted with - not me.

So off to small claims court I go. Anyone want to take a guess as to what the outcome is going to be?
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Old 10-31-2002, 03:26 PM
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I agree with you. It was in the hands of the original shop. They hold the warranty and work order directly to you. They owe you a new stereo.
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Old 10-31-2002, 03:27 PM
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Are You Sueing "the shop" Or The Engine Builder??? If You Are Suing The Shop Your Case Will Be Thrown Out, You Sued The Wrong Guy... If You Sue The Engine Builder Then You Win.... The Vehicle Was In The Possession Of The Engine Builder.............. Just A Guess....
Good Luck, Let Us Know The Outcome.......

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Old 10-31-2002, 03:49 PM
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Your warranty was with The Shop, sue The Shop. They are at fault IMO.
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Old 10-31-2002, 03:58 PM
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Sue the shop.

They are the ones contracted by you to fix it...It was their responsibility from the point you gave them the keys until you pick it up...They should be accountable for their subcontractors and vendors like in any other business.

Now, if you get a common sense judge, you win...It's a little bit more tricky in the real world.

Bottom line: You delivered a vehicle in condition A...Now it's missing somethings. You should win.
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Old 10-31-2002, 04:20 PM
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You sue "The Shop" as they are the ones you contracted with and are responsable for the truck. If they sub work to someone else then they or their insurance company sues that outfit. IMHO
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Old 10-31-2002, 04:34 PM
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I think the correct answer is they both are listed in the complaint, then the court can determine the resp party, if not both. If you list one and it is the wrong one you then have to refile the complaint(refiling fees).

The beauty of this is they will both have to show up, if they do not chances are you will get a judgement in your favor.

If they both show up one cannot blame the other as the resp party.

The wife works in legal so I have heard how these things are dealt with, and I think this is the way to play it out.

Hope it helps,

Dean
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Old 10-31-2002, 05:05 PM
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Thanks Dean - great suggestion. Too late to do that however since court is on Tuesday and I need to give 2 weeks notice to the defendants. And I think I'd still have to pay 2 seperate filing fees since I'd be going after 2 different parties. I just hope the judge agrees with my thought process on sub-contracting work.

But hey - I'll be picking your brain a bit (if that's okay with you) on my boat claim. Right now I'm still trying to get a copy of my marine policy (i moved and it's packed away somewhere - went to the agent and asked him to get me a copy), but I like what you had to say....the cost of the repair to the bellows won't be covered, but the cost of the damages that resulted from the bellows failure should be. Nice...now I just have to find where in the policy I can apply that theory.
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Old 10-31-2002, 05:13 PM
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Zoomnfun is correct, you sue both parties that way you do not get the he said / she said. Now for the bad news. If by chance they do not show up or if they do show up you will let a judgment. If they got nothing, you got nothing. The judgment is Texas is good for 10 years & after that you need to renew it to keep it going. If the one that it comes out owes you any money hopefull you will be notifed when they try to sell either their house or ??? by the title company but here again it they got nothing you will get the same. If it was me I would at least see what you can come out with. Let us know the outcome.
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Old 10-31-2002, 05:19 PM
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Actually garage keepers insurance only insures the vehicle inside the building such as building burns and your car is in it, if the car is sitting outside your insurance covers it as if it was sitting in the grocery store parking lot.
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