322 engine tear down

[1956322]

How's the new to you motor doing?

[Beemon]

Just now, 1956322 said:

How's the new to you motor doing?

 Running pretty strong. It's got a smell to it, but I think that's because the sludge, acids, etc are baking out. It's a new learning curve for sure, because i was so used to a motor that was destined to die, I'm not used to a good runner.

[Beemon]

After getting the carburetor tuned up,  I'm getting 12 mpg around town. 200 miles for 17 gallons, not bad I think. One less mpg than the Jeep I was driving. After lubing up the wiper motor with grease again, I'm getting steady 16.5"Hg at idle,  according to the Stewart Warner motor minder (runs through wiper lines). Looking pretty good for a shake down run to the peninsula beginning of August and then off to the University. 

[1956322]

Any updates on the legal side of things?

[Beemon]

I presented enough evidence to raise reasonable doubt with the Judge and I'll find out tomorrow what the verdict is. The defendant argued with me in trial about the material of the connecting rods, and claimed they were cast iron when they are forged steel. He explained that he heated them in a "rod forge" for 6 minutes at about 1000 degrees. I explained to the judge the shop manual requires they be pressed in. Judge asked him if he's ever seen this type of damage, he said it was rare and he's only seen one piston do that on one engine. He was trying his hardest to bank on a "word of mouth" warranty and his ASE Master Machinist certification. He also claimed the rods were faulty from the factory and were going to fail anyways. This was after I told the judge it was all 8. I told the judge that if he didn't know the difference between cast iron and forged steel, and the fact that he didn't mic out the rod eye to confirm faulty rods, he installed them regardless and was either incompetent or negligent. He was also quick to denounce the engineers that designed the rotating assembly, and thought he knew a whole lot about heat expansion and stresses... I brought my engineering books with me and provided explanations and formulas. The Judge said because I didn't have any affidavits or witnesses to help my case, he was going to do his own research and get back to us Friday about the final verdict. Obviously since he didn't side with the "master machinist", there is some reasonable doubt and I'm confident of the outcome. I have nothing to lose if I win or not, so I won't be upset whether the outcome. During mediation, he offered me $250 to cover half the cost of the engine I bought to get the car back up and running, and this was after he refused my offer of $2000 just to buy components and cover machine work to start over again. The total I'm suing for is $5000, considering the bill of sale was ~$4700 and the $300 extra is to cover one of my core engine blocks and some gas. I told him I'd rather lose in court than take his insult money. One of my favorite quotes now is "Why are you doing this to me??"

 

In terms of engine update, I'm pretty certain I have a rear main leak. I received a knee injury at work a few days after installing, so I never got to put the transmission inspection plate back on the car. In the driveway, there is about a foot and a half long oil line from what I presume is the flywheel throwing it on start-up. Looks almost like the wall my parents marked as I grew up. Hoping to recover soon. Now I regret pulling the pan, but at that point it would have been a complete engine tear down... lol. Hoping to feel well enough to get low before school and try the Willie trick.

 

I kinda refrained from posting because I know how a lot of people on the forums are... "how can you live with yourself knowing he'll be in poverty if you win?" Not my problem, really. If you're going to hide behind your "master machinist" papers, then get ready to face the music when you think you're too good to pay up and underestimate some dumb kid who doesn't know any better. Also I included his wife in the suite, not because she was co-owner of his shop, but because he's "in-between jobs" after being fired from his last machine shop job (I WONDER WHY) and she's not. Also kind of makes it hard to hide money... If I win, I don't expect all the money to land on my door, but I figure two years from now when I graduate, I'll be able to have another engine built right. Sorry if I offend anyone because I've done this, I don't have a bleeding heart and I've never been to church. When I invest $5000, I expect it to last and wear out over time. I don't expect it to be faulty before leaving the shop, but I guess that's what happens when you don't verify the "expert's" work.

[60FlatTop]

Not to be taken in a negative way, I like the selfishness of your presentation. Too many people are out there today, looking to protect humanity from injustice, Any mention of saving future victims would muddy your intent.

 

You just want back what you have calculated you are owed. And presenting the case with facts.  In situations where I have dealt with incompetency many times my reply in  your position would have been "Did you miss Sesame Street the day they did forged and cast?"

 

An unemployed guy accepting $4700 in payment for services, I wonder if he notified the unemployment insurance people he wasn't job hunting those days.

 

My sympathy ran low when I was young. Those same old guys were out there then. They knew everything and couldn't do anything.

 

Wait until you get into the "copy/paste" world of engineering. (In the 1980's and before, we actually did that with scissors) Especially the plan & spec bid jobs. Some engineering firms have a poor reputation with contractors that they fight to get the lowest bid. The change orders start flowing almost before the bid is awarded.

 

Bernie

[1956322]

Sounds mostly positive.. What an idiot not knowing cast iron vs steel.. I'm sure the look on his face was priceless when u had proof to counter him lol.. Sounds like you did a good job with the facts... Keep us posted.. And I agree he screwed up now take your beatings 

[1956322]

I also love how he knows better then Buick etc etc.. Hopefully the judge saw him for what he was..a bser 

[NTX5467]

By observation, "ASE Certification" indicates a certain level of knowledge in a specific area, BUT is a written test rather than a "performance" test (where actual labor operations are performed).  As we know, some people are better at this type of test than others might be.  Others might have more real knowledge from doing things themselves, over the years, but don't PAY to take the ASE test.  It's good for what it is, but isn't the "end all" sort of thing, from what I've seen.  When they started in the earlier 1970s, it was a way for the consumer to "weed out" the car repair people that didn't do good work from those that did.

 

They also have a test for parts people.  We took that one year.  Much more geared toward the auto supply industry than new car dealerships, by the way the questions were set-up and the content thereof.  We were told the tests were "customized" to our work environment (dealerships), but the test had more auto supply stuff than dealership stuff.  PLUS as we're a GM dealership, many of the parts illustrations were of CHRYSLER parts!  I was one of the few that passed from our dealership, garnering an ASE pocket protector and related note pad.  Be that as it may.

 

NTX5467

[1956322]

Sooooo did you win anything in your favor.. Or is it next Friday you find out??

[Beemon]

Case was dismissed with prejudice. The judge made his decision after consulting another judge on the grounds of no concrete evidence to show he was at fault. It's definitely a learning experience, next time I'll be sure to have affidavits before serving, and not after. That was the only reason why it was dismissed. It was really weird, it wasn't a win or lose for either side, which says a lot about the character of the machinist. 

[1956322]

Well hopefully both you and him came away with some life lessons... Enjoy the car:)

[NTX5467]

3 hours ago, Beemon said:

Case was dismissed with prejudice. The judge made his decision after consulting another judge on the grounds of no concrete evidence to show he was at fault. It's definitely a learning experience, next time I'll be sure to have affidavits before serving, and not after. That was the only reason why it was dismissed. It was really weird, it wasn't a win or lose for either side, which says a lot about the character of the machinist. 

 

Remember the "guilt beyond a reasonable doubt" orientation?  It must be remembered that the engine builder is the perceived "expert" in this situation, which can give him a little more credibility in the situation.  As long as he acted that way, all was good for him.  Even if there were enough "red flags" flying about why the failures happened.  You were on the bottom front-end of your learning curve on the engine rebuild and the builder had more experience with those things, allegedly.

 

One lesson is that when something is verifiably not right with a rebuild (evidenced by the oil smoke, oil consumption, and other performance issues . . . with notorized documentation (affidavits?) and a record of your returns to him with your concerns.  "Not to be pesky, but how much longer until the oil consumption "dries up  During the stated warranty period.  Noting the response each time..  But some might claim "they all smoked . . ." which is NOT true of engines with a fresh rebuild, old or new.

 

So, lick your wounds, and prepare to jump into what's before you in a month or so at school.

 

NTX5467 

[KongaMan]

8 hours ago, NTX5467 said:

Remember the "guilt beyond a reasonable doubt" orientation?

 

That's only applicable to a criminal case.  In a civil case, the burden of proof is much lower ("preponderance of evidence" or some such).  Remember OJ?

[old-tank]

9 hours ago, NTX5467 said:

dismissed with prejudice

Bummer!  At least if you lost, you could appeal.

No attorneys allowed, but it takes an attorney to know about getting an affidavit.

[JohnD1956]

I did not think small claim court was appeal-able. But I believe the judgement allows one to refile and go two rounds. 

If going to round two it may be indispensible to have an expert witness for the plantiff, not affadavits.  Some judges will not entertain affadavits over witnesses. Witnesses can be questioned. Affadavits cannot. 

[Beemon]

John, when the case is dismissed with prejudice, it means there can never be a round two. It's basically over with no victor on either side and cannot be taken to court for the same issue ever again, at least in Washington. 

[KongaMan]

If it's dismissed with prejudice, there is a victor: the defendant.  That what dismissal with prejudice means: the judge has decided the plaintiff's case was without merit.

[old-tank]

On 7/28/2017 at 0:55 AM, Beemon said:

The Judge said because I didn't have any affidavits or witnesses to help my case, he was going to do his own research and get back to us Friday about the final verdict.

He should have let you scrounge up affidavits or witnesses.  He probably never did any 'research' before dismissing and moving on to another case.

[60FlatTop]

If this is your last expensive "learning opportunity" you will be very lucky, indeed.

 

You went looking for justice and all you found was the letter of the law. Ta da!

 

Now, I do remember you writing about never going to church. That's the place to go for justice, at least the closest you will find. And there is an inaccuracy or two in that path.

 

Imagine the feeling that all your adversaries will get what is coming to them in the end. I'm an old sailor. Do you know the Navy Hymn?

 

Any time you enter an agreement, never, never, skimp on the foreplay.

 

Bernie

[Beemon]

5 hours ago, KongaMan said:

If it's dismissed with prejudice, there is a victor: the defendant.  That what dismissal with prejudice means: the judge has decided the plaintiff's case was without merit.

I don't see it like that, because if my case was without merit, he would have told me in court that the defendant was better than me. I see it as he didn't have it in him to say who was right or wrong, but then dismissed the case to be done with it. I concur no research had been done because the paper was signed the next day before noon. 

[NTX5467]

The level of "proof" might be lower witn civil than criminal, but if you've got to make a case, to me the "reasonable doubt" level should be the goal rather than just "preponderance".  More like proving the case "above and beyond" what's necessary.  

 

Bad thing, to me, is whom was perceived as "an expert" and why, by a "normal person" standard.  In that scenario, an allegedly successful business person would be "the expert" and Beemon, unfortunately, was not.  Somebody with "hands-on experience" rather than "book knowledge", for example.  This is something that youthful exuberance can't compensate for.  I'm not sure that a 3+" high pile of "letters of support" for Beemon , or a stack of books on floating-pin pistons vs pressed-pin pistons would have made any difference.  Again, "book knowledge" vs "hands-on experience".  Plus perceived confidence that a good job had been done.  Yet there could have been a line of questioning about why the failures resulted. Failures that don't happen with complete "shadetree overhals", much less those done by a "experienced" business owner.  Be that as it may.

 

Onward and upward!

 

NTX5467

[KongaMan]

1 hour ago, Beemon said:

I don't see it like that, because if my case was without merit, he would have told me in court that the defendant was better than me.

The judge doesn't have to issue his ruling in court in front of the litigants immediately upon the conclusion of the arguments.  Even if he thinks one side is absolutely FOS, he's unlikely to say so without at least the appearance of thoughtful deliberation.

 

Let's be clear what this ruling means.  It is an adjudication, the same as when the judge in Perry Mason asks the jury foreman for a verdict.  In that analogy, the jury ruled "Not Guilty" (and Perry wins again).  "With prejudice" is analogous to the prohibition against double jeopardy; you don't get another bite at the apple.  You had your shot, you lost, you're done.

 

I'm not trying to be a jerk here, but it's important to understand what he meant when he dismissed the case with prejudice.  In layman's terms, that means "The discussion is over.  Go away."  Or, in other words, you failed to show that the defendant did anything wrong.  I know you don't want to believe that the judge ruled against you, but he did.

 

Again, I'm not trying to be an ass, but you cannot learn the lesson if you don't understand the lesson.  And, as others have said, this lesson stinks.  Get used to it.  There are more coming. One lesson you can hopefully learn from this is that it's not about whether you got knocked down, it's about if you got back up.

 

 

1 hour ago, Beemon said:

I see it as he didn't have it in him to say who was right or wrong, but then dismissed the case to be done with it. I concur no research had been done because the paper was signed the next day before noon. 

 

Welcome to the law.

 

You'd probably be safe wagering a large sum of money that the judge had no understanding of the issues in the case.  Remember, you're not arguing your case here, in front of a bunch of folks who generally have at least a passing familiarity with the inside of an engine.  Rather, you're talking to a guy who may have never opened a hood in his life.  As such, it is incumbent upon you to make your argument as simple and clear as possible.  If the judge can't tell you what the defendant did wrong, he isn't going to rule that he did anything wrong.  And the only way he's going to know what went wrong is if you explain it to him in a way that he can understand, and in a way that makes your explanation more persuasive than the mechanic's experience and the presumption of expertise that comes with that.  Look at it this way: can you explain to your girlfriend what this guy did wrong in a way that she can understand and explain back to you?  No? Then you probably didn't explain it to the judge, either.