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We won against the restoration shop

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  • We won against the restoration shop

    Just got back from my first gig as a expect witness in a trial for damages against a restoration shop that pretty much destroyed a 53 Starlight belonging to a SDC member. We won a 32K judgment for damages to a once condition 2 starlight with R3 clone and 4 speed. The guys lawyer kept asking me the wrong questions. Like " You testified that you are basing your value estimates just from photo's of the car, how often do you buy a car just from pictures on ebay ? " Oops, he did not like my answer of 90% of the time.

    JDP/Maryland
    64 Daytona HT/R2 clone
    64 GT R2
    63 Lark 2 door
    52 & 53 Starliner
    51 Commander
    39 Coupe express
    39 Coupe express (rod)

    JDP Maryland

  • #2
    First rule a lawyer is suppose to learn. DO NOT ask a question you don't already know the answer to. Probally a appeal coming, SDC member get ready for a settlement offer. Good Job.

    1956 Studebaker Pelham Wagon Houston, Texas
    Remember, \"When all is said and done. More is always said then ever done.\"

    Comment


    • #3
      The only ones that really win in this sort of law suit are the lawyers. My guess is that the SDC guy's lawyer made at least $30k on this deal (it goes fast). If the SDC guy ever collects (doubtful) it will all go to reimburse his legal fees. Also, the resto shop lawyer may talk his client into appealing which will put the SDC guy WAY underwater with this deal. We've got one heck of a legal system .


      Dick Steinkamp
      Bellingham, WA

      Comment


      • #4
        Hey, don't pee on our parade. It looks like the body shop will have to pay, and the cars owner will get some of the money.

        JDP/Maryland
        64 Daytona HT/R2 clone
        64 GT R2
        63 Lark 2 door
        52 & 53 Starliner
        51 Commander
        39 Coupe express
        39 Coupe express (rod)

        JDP Maryland

        Comment


        • #5
          A lawyer approached the bench, all out of breath, saying,"your honor, your honor, we must reopen the case based on new evidence". The judge asked the lawyer what was the exciting new evidence was. The lawyer stated that they should reopen the case based on the fact that he had found that his client still had some unspent money.

          In all seriousness, way to go John. Apologies to the lawyers in the crowd.

          Comment


          • #6
            If the SDC member's lawyer was smart, the judgement's are usually '+ court/legal costs'. Hopefully this will be the way it's handled.

            ---------------------------------------------------------------------------------------------------
            Tom - Valrico, FL

            1964 Studebaker Daytona - 289 4V, 4-Speed (Cost To Date: $1794.98)

            Tom - Bradenton, FL

            1964 Studebaker Daytona - 289 4V, 4-Speed (Cost To Date: $2514.10)
            1964 Studebaker Commander - 170 1V, 3-Speed w/OD

            Comment


            • #7
              Yes, I have not met a lawyer yet that did not want to have a heated swimming pool... [}][] (they are expensive to maintain you know) However, it is good to see something "just" come from the "Justice" system from time to time - happens all to infrequently. Enjoy your victory!

              <h5>Mark
              '57 Transtar
              3E-6/7-122
              </h5>

              Mark Hayden
              '66 Commander
              Zone Coordinator
              Pacific Can-Am Zone

              Comment


              • #8
                quote:Originally posted by Swifster

                If the SDC member's lawyer was smart, the judgement's are usually '+ court/legal costs'. Hopefully this will be the way it's handled.
                In order to recover lawyers fees, the case has to be declared "frivolous" by the judge (BTDT). Otherwise, each party pays their own attorney's fees no matter what the outcome of the case (not so in England where the loosing party pays both sides attorney's fees...really cuts down on what WE would call frivoulous BTW). The judges here ain't going to do that...they were lawyers once themselves and ain't going to poop on the system that worked for them. Heck you can spill hot coffee on yourself and not only is it not a frivolous law suit...you can collect damages!

                I do feel for the SDC guy. His car is ruined, he might break even if he can collect and if his attorney didn't get all the way into his pockets and if the other party doesn't appeal. All he really has obtained is the bragging rights that he was right and the other guy was wrong.


                Dick Steinkamp
                Bellingham, WA

                Comment


                • #9
                  quote:Originally posted by JDP

                  " You testified that you are basing your value estimates just from photo's of the car, how often do you buy a car just from pictures on ebay ? " Oops, he did not like my answer of 90% of the time.

                  I would have paid money to see your face when he threw you that hanging curve ball- and his, and his client's, face when you answered[B)][:0]

                  Great job.

                  Robert (Bob) Andrews Owner- IoMT (Island of Misfit Toys!)
                  Parish, central NY 13131
                  http://www.cardomain.com/ride/2358680/1

                  Comment


                  • #10
                    quote:Originally posted by robtc
                    Most just make an honest living as experts in their field, just as other experts such as plumbers, teachers...
                    You've got to be kidding.

                    quote:
                    If the restoration shop is still in business, the judgment is collectible. Again, the rules vary from state to state but you can levy bank accounts, seize the business property, put a lien on real and personal property, etc.
                    Yep, just HIRE a lawyer, and he will ATTEMPT to collect for you. No promises of course (except for the billing part)
                    quote:
                    Lawyers simply take a case, give the person an assessment of the chances, and go from there.
                    I realize that 95% of the lawyers give the other 5% a bad name
                    , and hopefully you are one of the 5%, but do you REALLY believe that is ALL lawyers do?

                    My advice is that if you EVER have a Stude worked on at a restoration shop, stay VERY close to the project. At the FIRST sign that it is going south, get your car out of there and minimize your losses (if any). If you let it get to the point that you feel you need to sue, you will loose...one way or another.


                    Dick Steinkamp
                    Bellingham, WA

                    Comment


                    • #11
                      I guess I will have to come my defense as well as any other lawyers in the crowd.

                      Whether attorney's fees are recoverable will vary from state to state, but if there is a written contract and the contract allows for attorney's fees then the judgment would include attorney's fees.

                      Litigation is expensive, no doubt about it, but most lawyers are not the wealthy stereotype you see on tv. Most just make an honest living as experts in their field, just as other experts such as plumbers, teachers, doctors, and others make a living in their chosen area.

                      If the restoration shop is still in business, the judgment is collectible. Again, the rules vary from state to state but you can levy bank accounts, seize the business property, put a lien on real and personal property, etc.

                      As a final thought regarding frivolous lawsuits. Lawyers don't make people greedy and make them sue. Lawyers simply take a case, give the person an assessment of the chances, and go from there. I agree that spilling coffee on oneself seems like a silly lawsuit; apparently a jury (you know, one of the rights we have under the constitution) didn't think it was so silly.

                      Comment


                      • #12
                        Ok .. NOW I wont spill it on me .. it SAYS "caution hot"



                        Tom

                        '63 Avanti, zinc plated drilled & slotted 03 Mustang Cobra 13" front disc/98 GT rear brakes, 03 Cobra 17" wheels, GM alt, 97 Z28 leather seats, soon: 97 Z28 T-56 6-spd, Ported heads w/SST full flow valves, 'R3' 276 cam, Edelbrock AFB Carb, GM HEI distributor, 8.8mm plug wires
                        '63 Avanti R1, '03 Mustang Cobra 13" front disc/98 GT rear brakes, 03 Cobra 17" wheels, GM alt, 97 Z28 leather seats, TKO 5-spd, Ported heads w/SST full flow valves.
                        Check out my disc brake adapters to install 1994-2004 Mustang disc brakes on your Studebaker!!
                        http://forum.studebakerdriversclub.c...bracket-update
                        I have also written many TECH how to articles, do a search for my Forum name to find them

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                        • #13
                          The difference between God and a lawyer?
                          God doesn't think he is a lawyer.

                          Comment


                          • #14
                            That "hanging curve ball" was a Kodak moment, but there were many. BTW, I too will rise to defend the attorney, a nice young fellow that seemed not only skilled, but really interested in doing the best job.

                            JDP/Maryland
                            64 Daytona HT/R2 clone
                            64 GT R2
                            63 Lark 2 door
                            52 & 53 Starliner
                            51 Commander
                            39 Coupe express
                            39 Coupe express (rod)

                            JDP Maryland

                            Comment


                            • #15
                              There is more to the hot coffee case then you read in the paper, this shows both sides.

                              http://en.wikipedia.org/wiki/Liebeck...7s_Restaurants

                              JDP/Maryland
                              64 Daytona HT/R2 clone
                              64 GT R2
                              63 Lark 2 door
                              52 & 53 Starliner
                              51 Commander
                              39 Coupe express
                              39 Coupe express (rod)

                              JDP Maryland

                              Comment

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