The New Huntmastersbbs!: What the F####

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Posted by Aznative (Member # 506) on January 21, 2010, 05:59 AM:

I apologize for going off track, but I just want to vent a little. I spend a lot of time on the International Automotive Technicians (iatn) forums since it involves my trade.

Sadly, I will admit that anytime an auto shop is taken to court, the odds of the shop owner prevailing are slim to none. If I find out what the out come is, I'll post it here.

This is an example of how crazy lawsuits are today. There is no way this tranny shop should be wasting his time in court. The job was done 9 years and 111,000 miles ago. If anything, he should be given a pat on the back for a fine job. For those of you who have no idea about lock up torque converters, I've seen what happens when you pull up to a stop and the torque converter is still in lockup. The engine dies just as if you forgot to push the pedal down on a standard trans. The more the converter is in lock up, the cooler the transmission.

Here is this guy's story:
This was a new one on me, I heard this story from the
defendant today. The plaintiff and his new choice of
transmission shop claimed the engine overheated because the
torque convertor would not unlock unless the transmission
downshifted.

I'll give a little background. The defendant was a very
reputable, well known transmission rebuilder in this area
and one I use for my own vehicles also. The trans was a
modified 700R4 set up for a local farmer who pulls a trailer
very often. The torque convertor is setup so it won't unlock
right away to prevent heat buildup. It works well, I had it
done on my 88 C1500.

Testimony was presented by the farmer's new transmission
shop whereby it was claimed the engine overheated due to the
torque convertor not unlocking. They were sueing the
original transmission rebuilder for 4500 beans for
rebuilding the 700R4. The trans had been rebuilt 9 years and
about 110,000 miles ago.

There was also a water pump on the invoice. Who would have
guessed?

Is it possible? I don't see how, maybe someone could
enlighten me?

Posted by Aznative (Member # 506) on January 21, 2010, 06:48 AM:

Well here is the verdict:

The outcome was the court ruled the transmission didn't have
to be warrantied.

They did ding Dave 1000 beans because the plantiff claimed
the mileage dropped from 15 mpg in a 95 K2500 to 13 mpg. The
plaintiffs had claimed the mods to the torque convertor
violated the Clean Air Act and the court said it did due to
the reduced mileage, thus the award for 1000 beans.

The plaintiffs new transmission shop owner testified he was
a commercial pilot in the past flying 737's, worked in a
transmission shop in his free time, and also had been an
engineer at Hydramatic (GM transmission). When asked how a
torque convertor worked, he responded he didn't work in that
area. He also couldn't explain how an accumulator worked.

Regarding the Clean Air Act, the 700R4 is still in it. You
would think if they were concerned about the Clean Air Act
they would have put a 4L60E back in it.

Dave also said it was the best time he ever had spending
1000 beans in a long time. It sounded like he made everyone
on the other side look like a bunch of idiots. It also cost
him probably 5 grand for his attorney and you can be certain
it cost the plaintiffs that much also.

Posted by Andy L (Member # 642) on January 21, 2010, 06:54 AM:

This whole thing is a bunch of bullshit. This is a big part of what is wrong with this country. Too gawd damned many lawyers.

My 89 Suburban is rustin out and I am either gonna have to put new sheet metal on her or buy another for parts. I think I will sue GM. Maybe I can get a new one?

Posted by Aznative (Member # 506) on January 21, 2010, 07:39 AM:

I feel for you folks that live in snow country. Once in a while I get one in from snow country where I have to fight the rust issue when working on the undercarriage. In the last year I've had one I can remember. It was in here two weeks ago, and it was a real PITA.

It is sad when people believe they can sue a shop over a warrantee issue that was longer that what the manufacturer gives when the car was new. I believe we need to use sirens as a call for lawyers. When they come running over the hill chasing the siren, we nail'em.

Posted by Leonard (Member # 2) on January 21, 2010, 08:26 AM:

Yeah, they're all worthless..... unless you need one. [Smile]

Be kind; we have a few members that belong to that nefarious profession.

Good hunting. LB

edit: but only one is a liberal. And, a hunter. What? That don't make sense, does it? Talk to us, 20gauge. Where are you?

[ January 21, 2010, 08:28 AM: Message edited by: Leonard ]

Posted by Aznative (Member # 506) on January 21, 2010, 08:45 AM:

Leonard, I agree. I never needed one until the last 10 years or so. I could have tried it without a lawyer, but the issue at stake was way to important. I sure did get an education regarding family law issues. My siren idea would only nail the ambulance chasers.

Posted by Nikonut (Member # 188) on January 21, 2010, 11:56 AM:

I once read a quote somewhere that said,

"99% of all lawyers give the other 1% a bad name."

From my experience that holds pretty true.

Nikonut [Roll Eyes]

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