Engine/Transmission (1998.5 - 2002) Need some documents for a lawsuit

[Cowboy Medic]

Specifically I am looking for clutch installation instructions. I have been told by alot of mechanics that there are certain procedures to follow when installing the pressure plate, specifically warnings against using an impact wrench. As a bolster to my case I want to show that the methods used to install a clutch in my truck led to its failure, and that they did not follow industry standards. The clutch I had installed was a South Bend and I just talked to Peter he is going to check the clutch that was taken out and write up an evaluation for me to present in court. But I would feel better if I could find the same type of info in other mechanics books, I do not have a service manual yet but would like to know what it states in there.



For those of you who have been following my fiasco (previous posts about this) , I am now being forced to take this guy to court. He sent me an e-mail a couple of weeks ago that he has looked at what I had to have done at AAMCO and he doesn't feel he is responsible. What I find really funny about that is that he never talked to them. I am getting a letter from the stating that he has never contacted them. Also I am getting a letter from Midwest Transmissions stating that when they recieved my old transmission back it was still full of fluid (it was supposed to be drained before he sent it back). But surprisingly he told me he had gone through my old one and that there was more damage there than he could have been responsible for. I honestly think I will win, but I want it to be as damning as possible so that I can get every penny back from him. He has treated my truck like crap and he treated me like crap. I won't stand for it.



Anyway, if any of you guys have some good sources for me to use let me know, I would sincerely appreciate it.



Jon

 

[AKAMAC]

Print the pages of the last posts, they will not only give an account of your distress, they will also provide a time line. The AAMCO dealer will also provide an explanation of repairs. This is important in the disclousure of facts in your case. Any duplicate repairs performed will be subject to scrutiny. Most important is to let JD hang himself. The judge is local, JD is local, you are not, DO NOT let your emotions rule. Be factual and to the point. You will win.

If you had to use public trans. , rent, borrow, wheels include in suit.

Be sure to include the time it took the two different shops to perform the same repairs. This will provide the competent factor.



PS Copy the threads into a Word program before printing because Judges don't like to read something they have to decipher.

Good luck Mike

 

[IWeiny]

WOW

I am so sorry to hear about your problems. I am glad they were all taken care of. I went through a similar hell with the dealer on my 98. 5 when it spent 1 month of the first 2 I owned it in the shop. Brand new truck, Check Engine light at 950 miles, dealer says "We don't know what is wrong?". I went through arbitration with DC and got my 99 which is going strong.



I agree with AKAMAC, be factual and to the point. If you sound like you are being unreasonable they will not listen to you. For me there were clear laws defining a "leamon" and I stuck to those and listed facts pertaining to those points.



BTW, for those reading, the Check Engine light ended up being a TC problem but had many other electrical problems which never did get sorted out. Can you say Friday build! As I write this at work on a Friday. Can you see the irony!



One question for you, I noticed in the threads you were looking for the shop manual on CD. Did you ever find it? If so where?



Thanks,

 

[Cowboy Medic]

NO they don't offer it on CD for the 99's, They do for the 2000's though and I am thinking about going ahead and getting it as there are not that many changes from the two years.

 

[merryman]

Cowboy;

One of the fundamental rules of evidence is that the "evidence" must be subject to cross examination; that basically boils down, at least in most situations, to mean only a real live person can testify, and when talking about the cause of the damage/failure, that person must be quailfied, by education or experience as an expert. That means in almost all situation you will not be allowed to offer articles, letters, books etc. You will almost surely need a person who can qualify by education or experience as an "expert"

on the repair of trannys like yours.

If the "experts" disagree, then THEY are allowed to discuss the publications that they may have relied on in forming their opinions, and you may use publications that are recognized in the field, to cross examine an expert--that is to contradict the testimony of an expert.

In most (darn near all) courts, letters from someone not in court to be cross-examined are not allowed. To put that another way, you have a right to question the person who says something against your position. If a letter from someone not in court is received as evidence against you, you can not say to the writer, now, wait a minute, how about??? this or that??

You need to find an "expert" who will go to court with you to testify to the "cause" of the damage.

You of course can testify as to the symptom you encountered and to the sequence of events, but unless you qualify as an expert, you will amost surely not be allowed to talk about the "cause" of the damage or problem.



Vaughn

 

[krs]

This is a small claims situation. He's got invoices showing the progression toward repair, he's got expert statement that variance from industry standard and manufacturer's procedure will cause the failure which is at issue, but that should not be needed. Any court would accept that repair actions should be performed in accordance with manufacturer's and industry standards. All he's asking for is documentation of that standard. A factory repair manual will be accepted in any court as describing the required procedure. The only "expert" he will need in court is his defendant himself who would be asked if he did do the job according to the required procedure. If he admits that he did not the medic should win.



The guy may deny that he used an air tool at all, and say that he did use accepted procedure. If he does that, how are you going to prove that he didn't, cowboy medic?

 

[Cowboy Medic]

I witnessed him using an impact wrench when installing it. I had not known that was not acceptable at the time. I also had him install the shift fork incorrectly, not install a pilot bearing, the list goes on. Also with it being small claims court, I only need the letters and documents as the source of my research in attempting to correct my problems. I present my own view and the correspondence between he and I. I have documented proof that he has lied to me, that he has admission of previous incorrect work, and a statement that he will not ever reimburse a customer just because the customer doesn't feel he got what he paid for. His written statements project an attitude of indifference and deciet that I can substantiate. I have consulted with two different lawyers and according to Minnesota law I am allowed to present this stuff if I can show direct relation to my claims. If I should pursue this to a district court level then I would have to hire a lawyer and the rules change, witnesses would need to be present and not just provide statements, etc. I have taken my time and researched my position, my only mistake was not doing more research on this guy before I hired him.



Back to the point, if someone has the installation instructions I would sincerely appreciate a copy.



Thanks,



Jon

 

[merryman]

It MIGHT be that in SD the most basic rules of evidence are not applied in Small Claims, but I would be a little surprised. While rules are relaxed in Oregon they are still applied in general.



The most fundamental rule of evidence is that of cross examination, that is the right to ask questions of anyone offering evidence against you----you can not ask questions of a letter or a report etc. At least in Oregon, and I believe most other jurisdictions, this rule is still applied even in small claims.



You might get lucky, but I sure would not bet on it.



Good luck



Vaughn

 

[Turbo Horseman]

How many lawyers are on this site?:--)

 

[JohnE]

Jon;



Get written installation instructions directly from South Bend Clutch and hope they explain no impact wrenches for assembly. Without that you are getting thin. Customary practice is a tough one to lay claim against, but then again this is Minnesota and nothing should surprise me.



Lawyer?

I believe Merryman is a retired judge.

 

[dremelts]

I just want to second what merryman said about having an expert witness testify on your behalf. I once took a builder to small claims court because my garage floor caved in because the ground beneath it had not settled enough before they poured the floor.



Even though I had pictures and diagrams showing what happened and why, the judge said he had to rule in favor of the builder because I did not have an expert witness.



So, bring all the documentation that you want but make sure you have someone who is fully qualified to testify on your behalf - even if you have to subpoena him and pay for his time.



I hope you get the guy - that kind of stuff really burns me

 

[JoeBioDiesel]

There is one possible snag in your case that I see, and it's that you've modified your truck. Warranties on performance work are usually pretty limited. If this guy tells the judge that it's a high performance engine and clutch in the truck it becomes pretty easy to believe that it was being abused when it broke... . especially a clutch.

Not trying to rain on your parade or anything, but I've been down this road before as a witness for the other side. It's easy to reduce the credibility of the owner if the vehicle is not stock.

Joe