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Whatever case you may have once had.... Posted by Notnoel [Email]  (#23) [Profile/Gallery]
(more from Notnoel) on Fri, 24 Jun 2011 19:20:35
In Reply to: Re: We haven't heard the main witness: tz jr, Justin Vanabrahams  [Profile/Gallery]
, Fri, 24 Jun 2011 18:30:54
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I don't want to seem mean here, but you've pretty much obliterated any case you once had by this series of posts you've written since late April. There's a reason that parties in a lawsuit generally have no comments to the press. If you go to court, everything you've written would be used by WW against you
1) You've describe WW as well respected, an honest guy, knowledgeable, helpful, and that you like him;
2) You've described your son as not a DIYer, and "car-illiterate";
3) First you say you changed the tranny oil 10,000 miles ago, later say 4,000;
4) WW has the documentation: "Low oil" on the invoice, you have no documetation at all;
5) He's a well respected, Saab-certified, mechanic with years of experience;
6) You're, at best a good "shade-tree" amatuer mechanic I've done a whole lot more procedures and repairs on my car than you have on yours, and I KNOW I'd lose that argument in court, unless I had better evidence than you've got;
7) How can you prove that neither the engine or transmission on the car leak, and I mean PROVE IT? The judge isn't going to come to your house to look at your driveway. You's might be the only C900 with a 165K miles on it that I have ever heard of that doesn't leak oil. Any hope you'd have would require that you take it to another similarly qualified mechanic and get them to give you written statement or testify in a deposition. Are you really willing to pay for that?
8) Your son failed to note the "low oil " notice or act on it - see #2 above. Your son had a duty to act with reasonable care, he failed in that duty.
9) Your position is that WW BOTH drained the wrong oil (tranny had only 1/2 cup) AND completely forgot to refill the engine oil (you only drained 5 quarts of oil from the engine). That makes no sense, even if WW drained the tranny by mistake, the engine oil would have overtopped before they could get the requisite engine oil required. At that point any one would start wondering what was going on. This is where logic begins to work against you. Your not just claiming a certified mechanic made one mistake, you're claiming he made 3, 4, or 5?
I know you think logic is on your side, but the burden of proof is on the plaintiff, and I don't think you have clear and convincing evidence (90% standard), or even a preponderance of the evidence (51%)in your favor. Like it or not, the note on the invoice, and the failure to act on it, is the nail in the coffin.
You've vented repeatedly, it's a crappy situation and I feel bad for you (god knows I've killed a couple of engines/transmissions myself), but I'd respectfully suggest you move on.
, Fri, 24 Jun 2011 18:30:54, Fri, 24 Jun 2011 19:20:35 <-- Viewing This Message, Fri, 24 Jun 2011 11:19:51
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