Good points, Bill, but:
there is an implied, and express warranty of quality, which may have
been violated by the dealership if it can be proven that the dealership
switched an OEM battery for a lesser, possibly defective battery, for
the dealer's economic gain.
The complaining Family (especially if the car had been properly entombed
and had emerged in pristine condition) might claim that, in exception
to the like-new OEM tires and equipment, the selling-dealer knowingly
and with malice aforethought, installed that pitiful generic (made in
Japan) battery and willingly vitiated (harmed) the current value of the
car, by reducing its fair market value.
Before y'all start snickering-bars, kindly recall the millionare-lady
who won a large award by suing Mickkie-D's for serving her too-hot
coffee, and the "Twinkie Defense" which was successfully adduced , in
arguing that Dan White, a gun-murderer, was under the influence of
processed suger when he shot the mayor & a city councilman, in San
Francisco.
And, then, there's the OJ defense: if the glove don't fit, you must
acquit!
If the OEM battery ain't there, you must declare:
I been screwed, somewhere!
Neil Vedder
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--- Begin Message ---
- From: Bill Watson <wwatson6@xxxxxxx>
- Date: Thu, 19 Jun 2008 19:03:39 -0700
There is nothing in any Chrysler Corporation literature that guarantees you
will get any particular battery, much less a battery labelled "Mopar".
Autolite was listed as the main supplier of electrical devices (starters,
generators, regulators, distributors, coils, spark plug, points, condensors
and coils for Chrysler Corporation from about 1935 through to 1961. Prior
to that it was Delco-Remy. Leece-Neville supplied alternators before 1960
and H-D units from 1960. With Ford's purchase of the Autolite name and
their spark plug plant, the remainder of the firm adopted the name
Prestolite, a company owned by Autolite. Chrysler started manufacturing
their own alternators for 1960, starters for 1962 and distributors.
Prestolite (who own Leece-Neville) continued to supply some distributors and
starters while Champion became the main spark plug supplier.
"Mopar" batteries were basically aftermarket units, and probably built for
Chrysler by Autolite.
So, before you haul someone to court for fraud in a lawsuit, make sure you
are on solid ground. You are going to have to prove Chrysler cars were
built with "Mopar" batteries installed at the factory and that Chrysler made
some sort of statement to that effect, basically at least implying a
guarantee your next new Mopar car or truck will have a "Mopar" battery.
And, to be quite honest, I do not believe you will find any such
implication. And you will have to prove how this "fraud" has had a
detrimental affect on you.
Bill
Vancouver, BC
----- Original Message -----
From: "eastern sierra Adj Services" <esierraadj@xxxxxxxxx>
To: <L-FORWARDLOOK@xxxxxxxxxxxxx>
Sent: Thursday, June 19, 2008 12:44 PM
Subject: Re: [FWDLK] Miss Belvie's battery..
The Statute of Limitations varies between the states, for Fraud, but it
begins to run upon the Discovery Date of the harm or injury (6/15/07).
I think that the Statute in Okie-State is at least 2, and may be three,
years.
Plenty of time to sue the bastards.........
Maybe I should bill the List on an hourly basis, instead of on a
contingency-fee rate.
Neil Vedder
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