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legal

Discussion in '1973-1991 K5 Blazer | Truck | Suburban' started by lasvegas, Mar 26, 2001.

  1. lasvegas

    lasvegas 1/2 ton status

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    I am new to the site so I am not sure if it is alright to talk about other things or not. However, if anyone ever has any legal questions, feel free to e-mail me and I will do my best to point you in the right direction. I have been practicing 11 years and am managing partner of a civil and criminal trial firm. It is a way that I can contribute to the group since I do not know as much as a lot of the other people here do about trucks (yet)!
     
  2. Goose

    Goose 1/2 ton status

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    Interesting, we have quite a diverse group here at CK5, but I think you may be the first lawyer. At least the first one that I know of. I don't have any legal questions tho', I have my own sources.

    [​IMG]
     
  3. Gopherkiller

    Gopherkiller 1/2 ton status

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    Hi LasVegas, Good to have you aboard. Do you have a K5? One thing that has bothered me (for a long time,) is some guys will modify their rigs, from manufacture's specs. I think probably that's OK. They will do things such as "cross over steering," over sized tires, rear disc brakes, etc. If an accident should happen, could these modifications from manufactures specs, work against them in court? Tnx for your input. GOPHERKILLER
     
  4. Grim-Reaper

    Grim-Reaper 3/4 ton status Author

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    Welcome aboard!
    Well that about rounds it out. We got Lawyers covered now LOL Let's see we have several Police officers, A Dentist, you name it we probably have somebody in the field.
    Well an occasional off topic post is no big deal but this particular forum is mostly repair type questions. CK5 does have other forums where anything goes.
    Here is a legal question for you. Can a post here of your own stupidity be used to convict you in a court of law?


    Diging it in the dirt with my K5's
    Grim-Reaper
    <A target="_blank" HREF=http://grimsk5s.coloradok5.com/>http://grimsk5s.coloradok5.com/</A>
     
  5. ftn96

    ftn96 1/2 ton status

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    LOL!!! Thats a good one Grimmy.

    Welcome lasvegas.

    Will work for beer, parts and tools.
    90 Jimmy 350TBI-700R4-241-33" BFGs-10 bolts w/4.10's
    <A target="_blank" HREF=http://www.nashvillek5.freeservers.com>http://www.nashvillek5.freeservers.com</A>
     
  6. wayne

    wayne 3/4 ton status

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    Welcome. It's nice to see so many people with different backgrounds.

    <A target="_blank" HREF=http://jamonline.homestead.com/fromthegroundupK54x4/89Jimmy.html>http://jamonline.homestead.com/fromthegroundupK54x4/89Jimmy.html</A>
    <font color=blue>Happy Trails[​IMG]</font color=blue>
    <font color=blue>Wayne</font color=blue>
     
  7. lasvegas

    lasvegas 1/2 ton status

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    The mods could work against the owner in two ways. The first is the more obvious one, ie, the manufacturer cannot be responsible for something it did not create, build, market, sell, etc. So yes, a heavily modified rig is going to provide a manufacturer with a good defense to product liability. The other way would be that the manufacturer could claim that the vehicle is being used in a way which was not reasoanble foreseeable when it was sold. In terms of liability for hitting another motorist, a modified rig will give a good lawyer a ton of ammo in terms of negligence claims revolving around a rig that does not work the way General Motors intended. Big tires slow down braking performance which means that your truck rear-ended someone that you should have avoided. Mess with the steering a hit someone that you should have been able to steer around in a stock truck and you know what is going to happen. Could even give rise to punitive damages in somes states. We have gotten punitive claims on for modified brakes and improperly built wheel assemblies here in Nevada. Hope that answered your question.
     
  8. lasvegas

    lasvegas 1/2 ton status

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    You had a good question about an e-mail/post being used against you in Court. Absolutely it can be used and smart lawyers are now issuing subpoenas for exactly this sort of information. It is a new idea to subpoena these records in routine cases, but it will become routine over time. The only question is going to be making a reliable showing that the accused is the actual author. Therefore, while it may be psychologically soothing to confess or apologize, it may not be in your best interests to do so. G. Gordon Liddy wrote that NO MATTER WHAT, you should never admit anything. Most people have too much of a conscious to live up to this standard. For them, I remind them of a case my firm handled. It was a divorce where we represented the husband who was a very prominant business man. We got our hands on the man's hard drive from his computer and found the gay porno pictures he had downloaded. Although that stuff is not relevent to a divorce action in Nevada and would not be admissible evidence, he settled with us rather than risk the disclosure of that information in Court papers and other places. Therefore, be careful what you look at and what you say while on the computer.
     
  9. Gopherkiller

    Gopherkiller 1/2 ton status

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    Thanks for the input LasVagas. You answered my question. I will sure think twice before I "rearend someone!" But, you never told us, do you have a K5? GOPHERKILLER
     
  10. Chaz88K5

    Chaz88K5 1/2 ton status

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    I have a question for ya.. about in november i had some work done to my k5 at a local dealer...i had the heater core replaced and the tranny serviced...well anyway i went to pick it up and got about 2 or 3 miles from the dealer when the motor overheated..the cause of the prob is they did not tighten my raditor cap..well anyway the motor ended up cracking the block in the lifter valley. I tried goin to the dealer and barganing with them to try and get them to pay for a portion of having my motor replaced...but all they would do is refund the cost of the heater core.. so i am taking them to small clames...i am asking for the amount that the deal would have charged me for installing a new motor (since they dident want to give me just 600 that i asked for after it happened i figured i would try to get some of my labor out of it too...my labor is not free) How much of a chance do you think i have with getting this...i have all the paper work to prove what happened....they even wrote on the invoice that i have "motor overheated because WE left the raditor cap off"
    so what do ya think....do you know of any imporant paper work i should have with me when i go...right now i have all the recepts from the new motor and all the recepts from the dealer when they did the work in the first place..
    Thanks
    Chaz

    "Hondas look good under a k5's tires"
     
  11. muddin4fun

    muddin4fun 3/4 ton status

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    Prepare to get slammed! LOL! We have a lot of legal questions. Steve should give you your own forum. ha ha!!! I have a question. Here is some background:
    I took my pickup to a tranny shop and plopped down $900 for them to fix my tranny. Two weeks later (when they said it would be three days tops) I got my truck back and imediatly noticed it was still slipping. I got home and called them the same day and told them and they said to bring it back when I had a chance. I was moving at the time to go to college, so I kept it for a few days and brought it back. They said three days and they would have it fixed. Another two weeks and it was ready. I imediatly noticed that it was still slipping. Needless to say I was agrivated. I called them when I got home and told them and I didn't yell or anything, I just made it very clear that this is ridiculous. So I brought it back and they said we'll drive it this afternoon to check it out. I called in the afternoon and they said they haven't driven it yet but they will first thing in the morning. I called about noon and they said, "He's walking out right now to go and drive it." I called a couple of hours later and they said they haven't driven it yet. I was hot!!! I explained to them that they had had the truck in the shop for over a month accumulative and it still wasn't fixed and that I had to drive 500 miles to go to college in west texas and that i had to leave next week. They said they would drive it right now. Well, I called an hour (about 5pm) before they closed and they said they hadn't driven it yet. I said, "I'm coming over to pick it up." So I had a freind drive me over there and drop me off. I walked in and told him to give me my keys. I walked out to the truck and got in and noticed that 1500 bucks worth of stereo and electrical equipment had been stolen. I had a few very hot words with the shop manager and took my truck to another tranny shop and plopped down $800. I told them that the other tranny shop had tried to fix it twice and I want to know what is soooo wrong with it that it's hard to fix. The guy had it out in three days (I told them I was leaving very soon) and told me that everything under there looked like it had never been replaced. So, basically the other place charged me 900 bucks for tranny fluid! I went back to the other shop telling them that they would refund my money and that they will pay for the stolen stereo and other equipment I had in there and he had the nerve to yell at me and ask why I took it somewhere else when the warrenty was with them! I said cause you weren't fixing the damn thing!!!! Well, I moved out to alpine texas and lived to far away to drive back to take them to court, or pay for a lawyer to drive back and they all said that I had waited too long (a year and a half) to do anything about it. BTW, I did fill out a police report and they said they had no leads. [​IMG] Is there anything I can do to make it he!! for that tranny shop?

    [​IMG]


    <A target="_blank" HREF=http://muddin4fun.coloradok5.com>http://muddin4fun.coloradok5.com</A>
     
  12. StoneyK5

    StoneyK5 1/2 ton status

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    Welcome...I used to live in and wheel around Vegas for about 8 years before heading north. It was no fun getting stuck in the desert in July and having to dig it out.....

    83K5 Silverado
    What was that bump?
     
  13. lasvegas

    lasvegas 1/2 ton status

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    Sorry, I do have a K5. '78 with NP205/SM465. In the middle of swapping axles from one ton (d60/14bolt). Also, through a client, I ordered a crate engine from GM to put in. Has 4" rough country lift with ORD 1" added and ORD greaseable bushings under entire truck. Has 35's right now but when axles are done, plan on going to somewhere between 38 and 40. My neighbors hate me too but hey, you can't please everyone. Hope to have everything done by end of May. Love my truck. Thanks for asking
     
  14. lasvegas

    lasvegas 1/2 ton status

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    Sounds good if you have a reciept with an admission that the motor overheated due to their mistake. The only thing I think you might want to be able to explain to the judge is how an overheated motor leads to a crack in the spot your motor cracked in. Do not get too hung up on the technicalities of court. Small claims should have a part time type judge who applies lots of common sense to everyday people and he knows that the people in front of him are not attorneys. Good luck. Let me know if I did not answer your question!!
     
  15. lasvegas

    lasvegas 1/2 ton status

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    Sorry about your problem with the tranny shop. God made baseball bats for a reason!! (Just kidding) If a local attorney told you the statute of limitations was gone or it was too late to do anything, then there is probably nothing you can do legally. It just sucks that it sounds like they took advantage of you and your situation and it would be hard to find a lawyer to help out with that sort of problem.
     
  16. Donna

    Donna 1/2 ton status

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    Welcome!!!!!!!!!!!!

    [​IMG]<font color=purple>Wayne's Muddy Wife</font color=purple>[​IMG]
    <font color=purple>Donna</font color=purple>
     
  17. SlyDog

    SlyDog 1/2 ton status

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    I seriously believe Steve should make a "legal" forum . . . he's been making alot of other ones, haha!

    - SlyDog
     
  18. Chaz88K5

    Chaz88K5 1/2 ton status

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    thanks, that makes me feel better..i also have the papers from when i took the old motor in to find out what happened...(not at the dealer that did the damage in the first place) and the wrote out what the cause of it was and other misc. info about the motor

    chaz

    "Hondas look good under a k5's tires"
     
  19. Thunder

    Thunder 3/4 ton status

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    Welcome lasvegas!
    And a.
    A big Elko HOWDY.
    From a fellow Nevadan
    Its good to have someone else from Nevada here.
     
  20. lasvegas

    lasvegas 1/2 ton status

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    A real live Nevadan. Nice to meet you.
     

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