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-   -   Sued for property damage (https://www.askmehelpdesk.com/showthread.php?t=779365)

  • Dec 23, 2013, 03:57 AM
    Superfedz
    Quote:

    Originally Posted by ;
    Third vibration.

    Hey hkstroud, they had a handicap son and a built in elevator in their home. Do you think the vibration from the elevator may have caused it?
  • Dec 23, 2013, 05:31 AM
    ScottGem
    Quote:

    Originally Posted by Superfedz View Post
    Hey hkstroud, they had a handicap son and a built in elevator in their home. Do you think the vibration from the elevator may have caused it?

    Its possible but you aren't going to prove it. You can tell the court that's a possibility, but it will be up to the judge to accept.
  • Dec 23, 2013, 06:31 AM
    hkstroud
    Quote:

    Hey hkstroud, they had a handicap son and a built in elevator in their home. Do you think the vibration from the elevator may have caused it?
    Who knows? I agree with Scott, you only have to inform the court of that as a possibility.

    Note that the web site you provided specifies a certain type and size bulb. The statement by the customer that CFL bulbs don't get hot is incorrect. CFL's give off heat, just not as much as incandescent bulbs of the same wattage. That statement by the customer also implies that a CFL bulb was in the fixture.
    Take note that the web site you provided specifies a certain bulb, a 60 watt T4 halogen bulb. You removed the bulb, what kind was in the fixture. The web site also shows a plug in type bulb, your photo shows a screw in CFL, was the fixture modified?
    My opinion about legal matters is worth exactly what you paid for it, nothing. But in my opinion, that information and those questions should weigh heavily in your favor.
    Also in my opinion it is incorrect to say that the court cannot make you pay. The court can issue a judgment against you. In Virginia that judgment, which is good for twenty years, can be turned into a wage garnishment and if pushed, into a property lien.

    I would be prepared with a copy of the web site specifying the bulb type and size and picture of the replacement bulb.

    Who is going to win this case? Not the one that is right, but the one that is best prepared.
  • Dec 23, 2013, 11:41 AM
    ma0641
    Factory spec sheet you showed us is for a t4 g9 pin base halogen. How did they get to a CFL? Use an adapter? Halogens are noted for intense heat output.
  • Dec 23, 2013, 01:11 PM
    Superfedz
    Ma06, I don't know were the customer got the light. This is only what I found online.

    Here is CFL version... Tech Lighting 700TDFIRGPC-CF Fire Grande Translucent Clear Glass Line Voltage Fluorescent Pendant - LightingDirect.com
  • Jan 17, 2014, 05:04 PM
    Superfedz
    Case was settled through mediation. We agreed to call it even and not go to trial.
  • Jan 17, 2014, 05:55 PM
    ScottGem
    A wise decision, kind of what we advised.
  • Jan 17, 2014, 07:32 PM
    smearcase
    Sounds about fair. Thanks for reporting back to AMHD.
    Best wishes with your painting projects.
  • Jan 18, 2014, 10:24 AM
    Superfedz
    Quote:

    A wise decision, kind of what we advised.
    Scott, we did make it to the court room and after the judge called the names of all cases scheduled that day, he referred all cases to a mediator. The court room was packed with cases. The judge stated, "if I don't have time to try your case today", you will be rescheduled to come back next Wednesday.

    So I wanted this done. I would have never sued the guy. I sued only because he sued me. An attorney told me years ago, "if someone sues you, file a counter lawsuit"!

    I this small claims is a waste of time.

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