To sue or not to sue!

JoeW

Senior Chief Petty Officer
Joined
Nov 8, 2003
Messages
664
Re: To sue or not to sue!

One of the beauties of the small claims court is that lawyers are not allowed; therefore, no one can buy their way out of this. There is no worry about spending a fortune on a lawyer. It costs about $20 to file a claim. Just let both side tell their story to the judge. My experience has shown that these judges are fair and just people. They are able to pick enough facts out of your story to render a decision that, usually, both sides can deal with. We don't often get to see our government work for us in such a direct fashion. I can tell you that, win or lose, it's a good feeling to have made your case before a judge. It's good to know that defendant is required to be their while you state your case. If they don't show up they usually loose by default. If I were a betting man, I would bet that the judge will award at least the $500 labor charge. If mechanic #1 deserves to stay in business, this will make him think twice before giving the same advice to another customer.
 

JoeW

Senior Chief Petty Officer
Joined
Nov 8, 2003
Messages
664
Re: To sue or not to sue!

One of the beauties of the small claims court is that lawyers are not allowed; therefore, no one can buy their way out of this. There is no worry about spending a fortune on a lawyer. It costs about $20 to file a claim. Just let both side tell their story to the judge. My experience has shown that these judges are fair and just people. They are able to pick enough facts out of your story to render a decision that, usually, both sides can deal with. We don't often get to see our government work for us in such a direct fashion. I can tell you that, win or lose, it's a good feeling to have made your case before a judge. It's good to know that defendant is required to be their while you state your case. If they don't show up they usually loose by default. If I were a betting man, I would bet that the judge will award at least the $500 labor charge. If mechanic #1 deserves to stay in business, this will make him think twice before giving the same advice to another customer.
 

ebbtide176

Commander
Joined
Jan 22, 2002
Messages
2,289
Re: To sue or not to sue!

i just came back because i posted here in the 1st place :) willx, it seems you've at least given us here a good faith estimate of the situation :D hopefully, you will get enjoyment with the motor now, and some satisfaction from #1shop. <br /><br />i just posted again to thank MYellow for that point he brought up. maybe it will be a new topic somewhere else ;) we, as consumers are not without our own responsibilities/common sense. that is a very real prob these days, and a whole topic in itself!<br />(amended): but the $500 means here-i'm out of the picture - its all about you now :D $10=ok, i might need to think about this on my own...<br /><br />good luck willx
 

Elmer Fudge

Lieutenant Commander
Joined
Aug 25, 2003
Messages
1,881
Re: To sue or not to sue!

Willxuout2, Ralph is quite correct in what he said. The fact remains that you spent your money at what is a professional establishment, that is in the business of providing the professional technical service which you sought and paid for,<br />Instead you recieved what can only be called none other than an incompetent evaluation and negligent service.<br />I hope you sue the pants off of them,why should you be the sucker?
 

WillyBWright

Fleet Admiral
Joined
Dec 29, 2003
Messages
8,200
Re: To sue or not to sue!

Hey Kenimpzoom. Let's kill this guy's first born as long as we're at it. We wouldn't want him to follow in his father's obviously incompetent footsteps. We'd be saving our children the same headache. What the heck, kill the whole family.<br /><br />"Take them to court. If anything hopefully it will get that #1 mech fired for being incompetent. Maybe also it will get them to be a better shop."<br /><br />What kind of stupid comment is that??? I TAKE OFFENSE!!! And so I'm sure does every other marine professional that read it. If they're even around anymore. This whole thread has become nothing more than a few consumers stroking each other's apparent need for revenge on those that choose to work on the thing they enjoy for a pretty marginal living.<br /><br />Willxuout...<br />Okay, mechanic #1 didn't solve your problem for you. The fact is that you bought a lemon and you won't admit it. Most every mechanic I've seen here has posted that the main bearing failure was not caused by what you're so set is the obvious cause. A piston would stick first! Period! Seahorse's points about a very pertinent recall and how the top bearing gets it's lubrication have been totally ignored. From what I've seen in my brief association here, he is one of the most knowledgable gentlemen on the subject there is. You should listen to him.<br /><br />Mechanic #1 did not piece that powerhead together. He tried to get your motor running better and he was unsuccessful. He was unaware that the powerhead had serious internal problems. It would have taken a tear-down to find them, and that's not normal operating procedure anywhere. I'm sorry you're out some significant money. But you're looking for somebody to pay for your misfortune and you're picking the easiest target, not the correct one.<br /><br />Joew94th...<br />Like Mr. Miyagi said...Yooou too much TV. In Small Claims, it's just like any other trial. You prove your case as the plaintiff, the defendant defends his actions. It is absolutely NOT the judge's job to ask the questions. It is up to the parties to present their cases and the judge makes his decisions based on those presentations.<br /><br />Kenimpzoom... :mad: <br />You owe the marine professionals that read and contribute their time and considered advice here a profound apology! A few of you others as well. Mechanic #1 is just a mechanic, just like some of the rest of us.
 

willxuout3

Cadet
Joined
Jan 21, 2004
Messages
12
Re: To sue or not to sue!

Willybwright:<br /><br />Sounds like you've given bad advice before. <br /><br />Bottom line....would you send someone out the door KNOWING there was a problem that wasn't solved?.......I THINK NOT!....you would'nt be so concerned about this thread otherwise.<br /><br />We're not talking about money here...I've spent mine already....we're talking about a incompetent mech who shouldn't be lending his ideas to anyone else.<br /><br />Actually, I've reviewed Seahorse's comments and he is EXACTLY right. Ther was a recall on those motors for upper bearing failures. However, you need to review my previous post about how the 2nd mech checked out the recirc system and fittings and they checked out FINE. I also contacted bombardier and the ENGINEER!!!! said that the 2nd nech diagnosis was not beyond reason.<br /><br />Everyone will agree that 2-cycles NEED a sufficient amount of fuel and lubrication to operate as designed. If you take away either one of those factors you are setting yourself up for a MAJOR failure.<br /><br />Bottom line.....DO YOUR F'IN JOB!
 

WillyBWright

Fleet Admiral
Joined
Dec 29, 2003
Messages
8,200
Re: To sue or not to sue!

One last comment and I'll let you guys build each other up to your heart's content. If you don't want to face reality, so be it.<br /><br />There are no Crystal Ball drawers on any of our toolchests. If I ran into any mechanic that had one, I'd run. Far and Fast!<br /><br />C'ya. :p
 

willxuout3

Cadet
Joined
Jan 21, 2004
Messages
12
Re: To sue or not to sue!

Willbwright:<br /><br />It's not about a crystal ball, it's about treating your customer with respect.<br /><br />I'll ask you a question along with JB & Seahorse,<br />Would you have handled the situation like the 1st mech?
 

Forktail

Ensign
Joined
Feb 11, 2002
Messages
977
Re: To sue or not to sue!

WillyB, nothing personal, but I'd like to address some of your comments....<br /><br />First, everyone should know that you are a marine service tech too. So when you work on an outboard, it's generally not yours...or your own money. I can see how it would be hard for you to relate. <br /><br />
Let's kill this guy's first born as long as we're at it...
I own my own business. If I had an employee that missed something so simple as a kinked fuel line, and then treated a customer with disrespect, I would fire him immediately. Incompetence is one thing, but incompetence with attitude, and without admission or compromise, is another.<br /><br />Employees make mistakes. Fine. But the object is to make it right. Admit mistake. Retain the customer. Compromise. Treat customers like human beings. Keep a good reputation.<br /><br />Kenimpzoom is correct, that without consequence this will just happen again. At this point marine techs have just learned that their shop can make $500 by doing sloppy work, and it's ok to treat outboard owners like scum.<br /><br />
"I TAKE OFFENSE!!! And so I'm sure does every other marine professional that read it.
A marine professional that condones Shop #1's work and work ethic, would fit in perfect at Shop #1. And IMO, that's not saying much.<br /><br />BTW, what exactly did Shop #1 do correctly (for $500)?<br /><br />
This whole thread has become nothing more than a few consumers stroking each other's apparent need for revenge on those that choose to work on the thing they enjoy for a pretty marginal living.
Revenge? Marginal living? Wow. Should we just overlook what went on at Shop #1? Should we ignore this blunder cost the owner $5000?<br /><br />You make it sound like you would rather have this thread be a bunch of service techs stroking each other with admiration for what Shop #1 did.<br /><br />
Okay, mechanic #1 didn't solve your problem for you.
...and as a result, the $engine blew$. Not to mention not solving the problem still cost the owner $500.<br /><br />
The fact is that you bought a lemon and you won't admit it.
Lemon? How do you figure? The fact the engine wasn't running correctly, and the fact it could be repaired by simply fixing the fuel lines, does not automatically make it a lemon.<br /><br />
Most every mechanic I've seen here has posted that the main bearing failure was not caused by what you're so set is the obvious cause.
Armchair mechanics.<br /><br />Shop #2 determined what the cause was. They have the engine in front of them, and they tore it down. Cause...kinked fuel lines. You are unwilling to accept that. "Add more oil"?? Come on!<br /><br />BTW, it doesn't matter what the real cause was. Shop #1 missed it and as a result the outboard blew up.<br /><br />
A piston would stick first! Period!
Ok. So a lean condition causes a piston to seize. But what happened to the rest of the engine during that time...as the piston was seizing. And what effect did the seizure have on the rest of the engine? He did say WOT, didn't he? Did metal particals from the damaged piston/rings/cyliner, or heat, or a bent rod destroy the bearing? <br /><br />BTW, if the crank bearing went bad, how would that cause the piston to seize?<br /><br />And BTW, Shop #1 never mentioned or suggested a problem with the crank bearing. If (on a reach) that was the problem, they were responsible for telling the owner.<br /><br />
Seahorse's points about a very pertinent recall and how the top bearing gets it's lubrication have been totally ignored.
Only ignored by Shop #1. Shop #2, who tore the engine down, did not find a problem with lubrication. Besides, if there was a recall, Shop #1 had a responsibilty to inform the owner, prior to the engine blowing.<br /><br />
He tried to get your motor running better and he was unsuccessful.
The object was to properly diagnose the problem and repair it. And you are correct...he was unsuccessful.<br /><br />
He was unaware that the powerhead had serious internal problems.
Then he was an incompetent mechanic. After all, even the armchair mechanics here have supposidly diagnosed the "real" cause...right? And they don't even have the outboard in front of them.<br /><br />
But you're looking for somebody to pay for your misfortune and you're picking the easiest target, not the correct one.
Mr. Will simply wants an apology. He has said on more than one occassion that money was not the issue. It's the principle. You must've missed that part.<br /><br />
In Small Claims...It is absolutely NOT the judge's job to ask the questions.
Huh? Have you ever been to small claims? The Judge can ask any question, at any time. In fact, they usually do.<br /><br />Evidence for the case is submitted prior to the hearing. The Judge is studied on that information prior to the case.<br /><br />One of the reasons for the hearing is for the Judge to ask questions, so he/she can make a fair and complete decision.<br /><br />
Kenimpzoom... <br />You owe the marine professionals...a profound apology!
Not hardly. <br /><br />Consumers are sick and tired of getting $$screwed over by incompetent marine techs. Will's scenario is all too common. If you're a good marine tech, then you don't need to worry.<br /><br />BTW, what the heck is wrong with Shop #2's diagnosis? Why are some here disregarding this in favor of "add more oil". ?? :confused:
 
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