Lawsuits: Broken Plate

[Richard Moody]

I would doubt that this case would be accepted into Small Claims.  In
many states, a specific dollar amount needs to be stated. The owner
needs proof that he paid what he claims, and they usually ask for
that before he can file.   Also too many things have to be proven.
Your friend needen't worry until a summons comes.  If the case is
accepted, the precidence is that a technician who "breaks" something
while attempting to repair it is not liable for damages  if his
actions are within the standards of  practice of his profession, in
other words mal practice. It has to be proven the tech did something
drastic.  Only another technician can do that.  In fact your friend
told the client his instrument couldn't be serviced, and apparently
he was proven right within the hour. If he didn't get paid for his
service call, and replacing the strings, (which is the only thing I
wonder about) he is the one who should be suing.
	I wouldn't be surprised if the owner has already consulted a lawyer
who advised it was a  no win situation, try your luck in Small
Claims. .  The tech can present depositions, but   his best bet is to
take along a technician friend, short of that there is a very
exellent description in Reblitz of pitch raising.  This should be
recognized as an accepted authority.  Published material is the best
"expert witness".  The judge may ask the witness to prove he is a
bone fide member of the trade, so a business card and an ad in the
Yellow Pages at least are a must.  I appeared for another technician
in a case of selling an  "unservicable" piano. We won.
Richard Moody

ps You ever wonder why you don't see so many of those thousands of no
name's that were mass produced?   Their plates broke among other
things, many years ago.

pps  The real "case" here is the poor guy who paid $2,000 (He's gotta
be BSing) for a worthless piece of junk to begin with. He is suing
the wrong party, and loosing his star witness to boot. ( and a chance
for punitive damages).


----------
> From: Marcel Carey <mcpiano@multi-medias.ca>
> To: pianotech@byu.edu
> Subject: Re: Lawsuits: Broken Plate
> Date: Tuesday, April 01, 1997 3:36 PM
>
> Les,
>
> The piano "WAS" an old no name upright. The owner bought it 2 years
ago for
> $2,000.00. He probably is the one who got "F*****" but I think he
is trying
> to pass it along. He never had it tuned since he bought it. And it
is a
> small claim case. I should have clarified.
>
> Thanks for the input,
>
> Marcel Carey, RPT

> > A friend of mine who doesn't have access to this list is
presently being
> > sued for a plate that broke after he attempted to tune a piano.
> > As he was checking about the condition of the strings by raising
a few (not
> > even to pitch mind you), he broke 3 strings. So he told the owner
he would
> > not tune the piano since the strings were too rusty. He replaced
the strings
> > and left the piano as it was. He was almost out of the door when
he heard
> > "THE NOISE". snip
>