Re: [FWDLK] Miss Belvie's battery..

[Garrett <TheBulkster@xxxxxxxxxxxxxx>]

My delete button is getting some serious excersize with this conversation...


----- Original Message ----- 
From: "Bill Watson" <wwatson6@xxxxxxx>
To: <L-FORWARDLOOK@xxxxxxxxxxxxx>
Sent: Friday, June 20, 2008 11:29 PM
Subject: Re: [FWDLK] Miss Belvie's battery..


> > who won a large award by suing Mickkie-D's for serving her too-hot
> > coffee,
>
> SHE was injured and not someone 50 years after the fact.
>
>
> > .....   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.
>
> HE was under the influence and not someone 50 years after the fact.
>
>
> > And, then, there's the OJ defense: if the glove don't fit, you must
> > acquit!
>
> HE had (or not) the glove and not someone 50 years later.
>
>
> > If the OEM battery ain't there
>
> And how do you know it was not there?   Did you see the battery in the car 
> when the dealer took possession?  Do you have a photo or some other proof?
>
>
> > and with malice aforethought, installed that pitiful generic (made in
> > Japan) battery and
>
> A Japanese battery??  In 1957??   Don't think so.  Japan was not noted for 
> quality anything back then.  Their products were basically simple items of 
> plastic and cheap sheet steel.  Most people rated Japanese goods as one 
> step above junk.  North America did not start getting car parts made 
> outside of Europe, Canada and the U.S. until the 1960's.  Actually, Japan 
> did not start exporting any parts for non-Japanese vehicles, including 
> such things as batteries, tires, etc., until after 1961.
>
> But it all goes back to two important points -
>
> 1) You have to prove the battery in the car was not the battery installed 
> in the car when it rolled off the assembly line.  If you can't prove that, 
> you have no case.
>
> 2) You have to prove that Chrysler installed Mopar batteries at the 
> factory, and nothing but Mopar batteries.  If someone can come up with 
> proof that Chrysler used at least two different brands of batteries in 
> their cars back then, you lose.
>
> And just on whom are you planning to lay this suit?  If the dealer is not 
> in business any more there is no corporate body to go after.  And if the 
> owners of the firm are not around, you are going to have fun getting money 
> out of a corpse.  I was going to say I somehow doubt any court would go 
> after the grandchildren in a case such as this, but given that American 
> courts have given people money for spilling hot coffee on themselves, 
> killed someone because they pigged out on sugar and fell off a ladder 
> standing on a pile of damp cow manure, I shudder at the thought a decision 
> a jury would make in this case!
>
> Bill
> Vancouver, BC
>
>
>
>
>
>
> ----- Original Message ----- 
> From: "eastern sierra Adj Services" <esierraadj@xxxxxxxxx>
> To: <L-FORWARDLOOK@xxxxxxxxxxxxx>
> Sent: Thursday, June 19, 2008 9:12 PM
> Subject: Re: [FWDLK] Miss Belvie's battery..
>
>
> > 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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