On 4/1, Marcel Carey wrote, in part: >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. and >Now he is asking me to testify as to the plate probably was >faulty to begin with. I wasn't there so I have no evidence. Marcel, most of the technical info which the list members are giving you is very useful - technically. What your friend needs is info which will help him - legally. He is being sued in a small claims court. It is a court in which ordinary taxpaying citizens (the aggrieved plaintiff in the white hat) appear before the local judge (robe and a noose) to complain about the lousy work which the contractor (the pianotech defendant in the dark hat) foisted upon him. To overcome the natural presumption that the customer is always right and the guy in the dark hat is headed for a necktie party.......your friend must have the benefit of the testimony of expert witnesses. Obviously, you can't be a factual witness because you weren't there. Simply saying you think you know what the cause may have been or you've heard of other plates breaking for this reason or that reason is insufficient evidence because it is speculation. In order to be a useful expert witness, you (and/or any other expert witness) must have an opportunity to examine the plate. Your friend may need to get the court to order such an examination, if the plaintiff is unwilling to allow it voluntarily. Based upon the education, expertise, and experience of the expert witness (all of which must be satisfactorily demonstrated to the court), the expert witness must render a professional opinion as to the cause or causes of the break. Photographs of the plate taken by the expert would be helpful to the court, unless the plate or the piano can be produced in court for demonstration (yes, it's been done!) either voluntarily or pursuant to a subpoena duces tecum. While it is not necessary to retain an attorney, your friend must be very careful to follow all of the procedural requirements of the court so that he doesn't inadvertently allow the plaintiff to get a default judgment or so he doesn't overlook some specific evidentiary requirement in the jurisdiction. It might be prudent (and businesslike) for your friend to think about retaining an attorney to defend him (certainly, a deductible business expense) so that the best possible case is presented. He might also consider finding a couple of local reputable pianotechs (whom he knows on a professional rather than a personal basis) to provide the expert testimony (yes, he'll probably have to pay them too). He may consider the time and expense devoted to the case a bother, but he should also consider it a matter of principle and an investment in his professional reputation. Good luck to your friend. Let's hope his exposure is limited to cases involving $2,000 pianos, not vintage Steinways. Oh yes.....and tell him to wear a jacket and tie to court. Don McCallion (Attorney and Counsellor at Law - NY and Federal Courts) - don@ct2.nai.net New Milford, CT
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