Lawsuits: Broken Plate

[Richard Moody]

Without cutting and pasting, but to reply in general to those
concerned about the liability of the technician,
settling out of court, and repairing the plate, this is according to
my
experience in a case involving a piano mover for damaging a piano.
	The judge's instructions to the jury were: It didn't matter if the
damage was caused by the move, only if the movers handled the piano
in a way that was outside the standards of professional practice.
The jury ruled in favor of the movers in spite of evidence that the
damages to the piano probably resulted from the move.
	The same  should apply to the technician who attempts to tune,
and the plate breaks.  Unless he set the machine wrong, or tuned the
A to the C fork he shouldn't even think of a "settlement" out of
court.  In fact if he didn't get paid, he should be suing.  No
mechanic in any trade is liable for "damages" resulting
from work that is within accepted professional practice.  If there is
disagreement among lawyers on this point, go with the lawyer who
agrees.  But I wouldn't worry about a lawyer until something in
writing comes. See below.  As far as repairing the plate, it is
outside the standards of professional practice to recomend repairs
costing far more than the instrument will ever be worth.  It is not
in
your interest anyhow considering the owner's attitude at the present.

	Now in The Case of the Broken Plate, it appears that a swindle older
than the books is being perpetuated.  The owner is claiming a junk
piano is worth $2,000, because that is what he said he paid for it.
If he is mis-stating  the amount, the last place he wants to end up
is in court as he is committing both perjury and fraud. But if there
is a
"settlement" out of court, who's gonna know, and that's what the
threat of a
law suit is for.
	If he can prove he did pay $2,000 for something worth much
less, he should be suing and prosecuting the party who burned him.
It is fraud to misrepresent the value of something to gain money. But
that's
beside the point unless the owner of the broken plate decides to sue
the seller,
and employ the tech as an expert witness, instead of going after the
tech in
small claims.
	If the piano mover's case needs to be cited, I will be happy to
provide the details. If citing cases is allowed in small claims, that
would make
a heck of an impression as others have mentioned.  That and published
material and another tech supporting your procedure, you can only
win. And
don't forget, you win for us all, as this could happen to any of us.


Richard Moody

   "Stand your ground and hold your head high."  Walli Rittin