4-Post Lift Collapse - 5 Months and the lawyers are getting involved
08-21-2002, 12:03 AM
#21
Team Owner
Re: 4-Post Lift Collapse - 5 Months and the lawyers are getting involved (Denney)
Excellent post Denney. Gee, those lawyers are occasionally good for SOMETHING, huh? :D
I'm laughing at the whole notion of a "cease and desist" being sent by email. Yeah, right. Not to mention the lible vs slander and the plain fact that everything that's been posted has been fact and not emotional opinions or name calling or anything of the sort. If there's a jury trial PICK ME!!!
I'm laughing at the whole notion of a "cease and desist" being sent by email. Yeah, right. Not to mention the lible vs slander and the plain fact that everything that's been posted has been fact and not emotional opinions or name calling or anything of the sort. If there's a jury trial PICK ME!!!
08-21-2002, 12:27 AM
#22
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St. Jude Donor '09
Re: 4-Post Lift Collapse - 5 Months and the lawyers are getting involved (ddecart)
Oh PLEASE, PLEASE....
Give me the e-mail address that came with that official (BWAHAHA ) notice.......
:mad
Give me the e-mail address that came with that official (BWAHAHA ) notice.......
:mad
08-21-2002, 12:30 AM
#23
Re: 4-Post Lift Collapse - 5 Months and the lawyers are getting involved (The Dude)
Tear'm a new one, bro! :reddevil
08-21-2002, 12:30 AM
#24
Melting Slicks
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Re: 4-Post Lift Collapse - 5 Months and the lawyers are getting involved (ddecart)
Excellent post Denney. Gee, those lawyers are occasionally good for SOMETHING, huh? :D
08-21-2002, 12:43 AM
#25
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Re: 4-Post Lift Collapse - 5 Months and the lawyers are getting involved (69L71)
Guess it scared them that people are coming up to them at cars shows about your problem like I did in at the Street Rod Nationals. I'm in the market for a lift now but definitely will not consider theirs if they threaten lawsuits people when their lift fails. They just don't get it. Reputation makes a company and reputation is built on making things right for the customer. Look at Ford and the tire recalls. If Lifts Unlimited handled your situation that way the good PR would get them alot of future customers.
Everybody going to Carlisle needs to spot by their spot and give them their opinion of the situation. Wish was able to go there also. Don't let them imtimidate you! They already admitted at least some fault since they are now welding the bolts.
Everybody going to Carlisle needs to spot by their spot and give them their opinion of the situation. Wish was able to go there also. Don't let them imtimidate you! They already admitted at least some fault since they are now welding the bolts.
08-21-2002, 12:57 AM
#26
Drifting
Thread Starter
Re: 4-Post Lift Collapse - 5 Months and the lawyers are getting involved (carcruse)
I'm really not intimidated. I've been VERY careful what I've written and opened the forum for Mitch to respond. I will just think twice and three times before I write something. Truth is, I'll be talking with my lawyer tomorrow and he'll probably advise me to say nothing. We'll see.
I'm gonna sleep on it, but I agree that "PERSONAL AND CONFIDENTIAL AND NOT INTENDED FOR PUBLICATION" is non binding. Its intent has nothing to do with anything, and if it's addressed to me its a message to me and I then have the right to tell anyone I please. I'll of course xxx out the email and mailing addresses, and anything else that might be seen as personal information from their side, but I don't see why the content shouldn't be made public.
I'm gonna sleep on it, but I agree that "PERSONAL AND CONFIDENTIAL AND NOT INTENDED FOR PUBLICATION" is non binding. Its intent has nothing to do with anything, and if it's addressed to me its a message to me and I then have the right to tell anyone I please. I'll of course xxx out the email and mailing addresses, and anything else that might be seen as personal information from their side, but I don't see why the content shouldn't be made public.
08-21-2002, 01:24 AM
#27
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St. Jude Donor '09
Re: 4-Post Lift Collapse - 5 Months and the lawyers are getting involved (69L71)
I'll of course xxx out the email and mailing addresses, .
08-21-2002, 08:57 AM
#28
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Re: 4-Post Lift Collapse - 5 Months and the lawyers are getting involved (Desertdawg)
As a business owner for 3 years now, IMHO Lifts Unlimited is run/owned by a bunch of hacks who never had any business training whatsoever. Probably a guy who went into business for himself because he 'wanted to be the boss'.
It is so shocking that he would be so dense as to not pay out even as a nuisance fee to keep this poopie under wraps. He deserves all the negative attention. Too bad stupd people like this never get it. He is probably stressed out at home and his family feels sorry for him for all the problems 'that butt' is causing him.
When its over and he pays out, they will have a party and 'put it all behind them' and continue the tactics that got them in hot water in the first place. You can't teach an old dog new tricks.
I would have sued them a LONG time ago. :yesnod: Bush Leaguer.
It is so shocking that he would be so dense as to not pay out even as a nuisance fee to keep this poopie under wraps. He deserves all the negative attention. Too bad stupd people like this never get it. He is probably stressed out at home and his family feels sorry for him for all the problems 'that butt' is causing him.
When its over and he pays out, they will have a party and 'put it all behind them' and continue the tactics that got them in hot water in the first place. You can't teach an old dog new tricks.
I would have sued them a LONG time ago. :yesnod: Bush Leaguer.
08-21-2002, 09:40 AM
#29
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Re: 4-Post Lift Collapse - 5 Months and the lawyers are getting involved (69L71)
Why not just call the law firm listed and see if in fact they sent the e-mail? I just think it is better to be cautious until you are sure you won't get sued. You may win but at what cost? Could buy alot of mods with the $ spent on defending yourself. Plus think of the time involved. There are a lot of sharks, lawyers in the case:), that would take a case like this in hopes of getting some $ out of you without charging a retainer. Sounds like it is time for you to sue them anyways so why not let your attorney advise you on what to say and not say? Sometimes the best thing said is nothing.
08-21-2002, 10:04 AM
#30
Safety Car
Re: 4-Post Lift Collapse - 5 Months and the lawyers are getting involved
That letter was probably just an attempt to keep everyone away from them at Carlisle. I bet the salesman working that show can't sleep at night :lol:
-Joe
-Joe
08-21-2002, 10:10 AM
#31
Melting Slicks
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Re: 4-Post Lift Collapse - 5 Months and the lawyers are getting involved (Fevre)
I would be careful about what you print in the flier that you are planning to hand out at Carlisle. The sad thing here is that only the lawyers will benifit. AGAIN!!! :rolleyes:
08-21-2002, 10:50 AM
#32
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Re: 4-Post Lift Collapse - 5 Months and the lawyers are getting involved (VettePower)
Hey man,
Now you're in my boat... maybe not the same boat but definately the same pond! I'm being sued for $25000 for personal injury claims by the woman who made a U-turn in front of my motorcycle at rush hour and put me over her hood at 40mph.
My lawyer told me just to mind what I say till the whole thing is over. Fortunatly she's not a major company. They will try to drag till you can't afford your lawyers rather than pay you.
Good Luck!
[edit] maybe you should reconsider the CF brute squad at Carlisle. A full on attack might hurt you more than them, you won't be the innocent consumer anymore. Maybe a dead silent mob of CF members in their CF shirts flooding their booth would be more threatening. I dunno just MHO
Now you're in my boat... maybe not the same boat but definately the same pond! I'm being sued for $25000 for personal injury claims by the woman who made a U-turn in front of my motorcycle at rush hour and put me over her hood at 40mph.
My lawyer told me just to mind what I say till the whole thing is over. Fortunatly she's not a major company. They will try to drag till you can't afford your lawyers rather than pay you.
Good Luck!
[edit] maybe you should reconsider the CF brute squad at Carlisle. A full on attack might hurt you more than them, you won't be the innocent consumer anymore. Maybe a dead silent mob of CF members in their CF shirts flooding their booth would be more threatening. I dunno just MHO
08-21-2002, 12:43 PM
#33
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Re: 4-Post Lift Collapse - 5 Months and the lawyers are getting involved (69L71)
Funny thing is that you have been so level headed through this, posting facts, etc, and Mitch is the one spreading the word about what an a-hole and s-head you are! He's the one getting emotional :cry and more "slanderous" :cuss than you, when you've done nothing wrong. His poor product and poor customer service have caused the whole fiasco.
Hopefully soon we'll hear some good news on this issue. :flag
Hopefully soon we'll hear some good news on this issue. :flag
08-21-2002, 12:54 PM
#34
Le Mans Master
Re: 4-Post Lift Collapse - 5 Months and the lawyers are getting involved (ericshaw)
[edit] maybe you should reconsider the CF brute squad at Carlisle. A full on attack might hurt you more than them, you won't be the innocent consumer anymore. Maybe a dead silent mob of CF members in their CF shirts flooding their booth would be more threatening. I dunno just MHO
08-21-2002, 01:46 PM
#35
Race Director
Re: 4-Post Lift Collapse - 5 Months and the lawyers are getting involved (Juliet)
I think we all ought to order lifts from "Perfuk'd Park", then all of us cancel the orders Monday when we get home :lol:
eBay, Where America Shops For Perfuk'd Park Lifts :flag
eBay, Where America Shops For Perfuk'd Park Lifts :flag
08-21-2002, 01:55 PM
#36
Race Director
Re: 4-Post Lift Collapse - 5 Months and the lawyers are getting involved (The Dude)
I agree with this statement....the best defense is a good offense....go after the bast-ards, they are trying to scare you away. :seeya Cappy
08-21-2002, 02:21 PM
#37
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St. Jude Donor '03
Re: 4-Post Lift Collapse - 5 Months and the lawyers are getting involved (69L71)
I still say the lawyers (If any are truly involved) are soaking the owner of the company. They don’t want to settle with you until they can’t drag this thing out anymore. They can’t get money from you, but their charging him by the hour.
I would be hesitant to run out and get an attorney that you don’t need. You can always get one if you don’t like their offer. (As long as you’re not running out any time limits to file suit)
I also would be real skeptical of any email that said it came from an attorney. I would think they would need proof of delivery.
I would be hesitant to run out and get an attorney that you don’t need. You can always get one if you don’t like their offer. (As long as you’re not running out any time limits to file suit)
I also would be real skeptical of any email that said it came from an attorney. I would think they would need proof of delivery.
08-21-2002, 03:00 PM
#38
Drifting
Thread Starter
Re: 4-Post Lift Collapse - 5 Months and the lawyers are getting involved (PaceCarTN)
I've been reading all your posts and digesting the advice. I'm also kinda playing this by ear. What I have decided is that the email can't be restricted from publication. It's email and transferred over a non-secure web so it's retreivable by a host of smart hackers. Not a way to handle personal and confidential information. The message was sent to me regarding an issue I have decided to made public.
I have removed all names, email addresses, mailing addresses, and phone numbers to protect me from releasing private and confidential information.
----------------------
PERSONAL AND CONFIDENTIAL AND NOT INTENDED FOR PUBLICATION
Dear Mr. Maus:
I am an attorney retained by Lifts Unlimited, Inc., Xxxxx Xxxxxx and Xxxxx Xxxxxx to advise them and represent them on possible litigation that may result from your recent actions in posting false, misleading and slanderous statements on internet websites, specifically corvette forum.
It seems you are posting various comments stating that the before mentioned parties are not responding to your complaints or taking steps to rectify a problem you experienced with one of their products. These statements are untrue and constitute slander.
You are well aware that representatives of Lifts Unlimited, Inc., promptly responded to your complaints and in fact delivered a replacement product within days of becoming aware of your complaint. You refused acceptance of the replacement product until you had an opportunity to settle with the insurance carrier for the alleged property damage you sustained from the original product. The insurance carrier has provided compensation to you and, although additional monies may or may not be owed to you, your representations that your concerns and complaints are being ignored is without merit and factual support. I will agree that it is true that you, personally, are dissatisfied with my clients, however, your dissatisfaction does not give you the right to distort or misrepresent the true facts. Furthermore, the factual misrepresentations and distortions are being made by you with the intent to damage the reputation of Lifts Unlimited and its owners.
Despite my clients' efforts to resolve this dispute you have continued your campaign of slander and we are aware of your threats to disrupt the Corvettes at Carlisle auto show. It is my understanding you intend to disseminate information attacking the reputation and product of my client from your vendor booth at Carlisle. As you know it is not the intent of the site host, Carlisle Productions, to have vendor booths used in this manner. We have already discussed this with Carlisle Productions and if you disrupt the show in any manner you will be removed, by Carlisle Productions.
To conclude, if you continue to interfere with the legal and lawful business of my client, by making and posting slanderous statements, litigation will result.
Respectfully,
Xxxxx X. Xxxxxx
Xxxxxxx, Xxxxx, Xxxxx, Xxxxxxx
Attorney at Law
Xxxxx X Xxxxx
Xxxxxxxxxxx, Missouri Xxxxx
(XXX) XXX-XXXX
----------------------
I have removed all names, email addresses, mailing addresses, and phone numbers to protect me from releasing private and confidential information.
----------------------
PERSONAL AND CONFIDENTIAL AND NOT INTENDED FOR PUBLICATION
Dear Mr. Maus:
I am an attorney retained by Lifts Unlimited, Inc., Xxxxx Xxxxxx and Xxxxx Xxxxxx to advise them and represent them on possible litigation that may result from your recent actions in posting false, misleading and slanderous statements on internet websites, specifically corvette forum.
It seems you are posting various comments stating that the before mentioned parties are not responding to your complaints or taking steps to rectify a problem you experienced with one of their products. These statements are untrue and constitute slander.
You are well aware that representatives of Lifts Unlimited, Inc., promptly responded to your complaints and in fact delivered a replacement product within days of becoming aware of your complaint. You refused acceptance of the replacement product until you had an opportunity to settle with the insurance carrier for the alleged property damage you sustained from the original product. The insurance carrier has provided compensation to you and, although additional monies may or may not be owed to you, your representations that your concerns and complaints are being ignored is without merit and factual support. I will agree that it is true that you, personally, are dissatisfied with my clients, however, your dissatisfaction does not give you the right to distort or misrepresent the true facts. Furthermore, the factual misrepresentations and distortions are being made by you with the intent to damage the reputation of Lifts Unlimited and its owners.
Despite my clients' efforts to resolve this dispute you have continued your campaign of slander and we are aware of your threats to disrupt the Corvettes at Carlisle auto show. It is my understanding you intend to disseminate information attacking the reputation and product of my client from your vendor booth at Carlisle. As you know it is not the intent of the site host, Carlisle Productions, to have vendor booths used in this manner. We have already discussed this with Carlisle Productions and if you disrupt the show in any manner you will be removed, by Carlisle Productions.
To conclude, if you continue to interfere with the legal and lawful business of my client, by making and posting slanderous statements, litigation will result.
Respectfully,
Xxxxx X. Xxxxxx
Xxxxxxx, Xxxxx, Xxxxx, Xxxxxxx
Attorney at Law
Xxxxx X Xxxxx
Xxxxxxxxxxx, Missouri Xxxxx
(XXX) XXX-XXXX
----------------------
08-21-2002, 03:05 PM
#39
Race Director
Re: 4-Post Lift Collapse - 5 Months and the lawyers are getting involved (69L71)
in fact delivered a replacement product within days of becoming aware of your complaint.
tom...
08-21-2002, 03:14 PM
#40
Drifting
Thread Starter
Re: 4-Post Lift Collapse - 5 Months and the lawyers are getting involved (Tom73)
Negative....
Lifts Unlimited dispatched their driver with a replacement lift on April 20, 2002. This was nearly five weeks after my initial conversation with management at Lifts Unlimited, not 'within days'. Also, this delivery was never discussed or authorized by me. The driver contacted me from the road to find directions to my house. This was when I first became aware of the delivery, and it came as a shock. In fact, during my discussions with Mitch on March 18, I unambiguously told him that I would not accept another lift because my wife and I had agreed not to have another after my potentially fatal experience. I refused to have the lift removed on advice from council and the respective insurance agents not to move the lift until a full inspection was performed by the assigned insurance adjusters. At that time, Mitch offered (again) instead, to refund my payment and retrieve the lift after the inspections were complete and the settlement made. This was on April 23. It never happened.
I have prepared a reply to this message but am waiting to decide if I should send it or not.
[Modified by 69L71, 1:17 PM 8/21/2002]
Lifts Unlimited dispatched their driver with a replacement lift on April 20, 2002. This was nearly five weeks after my initial conversation with management at Lifts Unlimited, not 'within days'. Also, this delivery was never discussed or authorized by me. The driver contacted me from the road to find directions to my house. This was when I first became aware of the delivery, and it came as a shock. In fact, during my discussions with Mitch on March 18, I unambiguously told him that I would not accept another lift because my wife and I had agreed not to have another after my potentially fatal experience. I refused to have the lift removed on advice from council and the respective insurance agents not to move the lift until a full inspection was performed by the assigned insurance adjusters. At that time, Mitch offered (again) instead, to refund my payment and retrieve the lift after the inspections were complete and the settlement made. This was on April 23. It never happened.
I have prepared a reply to this message but am waiting to decide if I should send it or not.
[Modified by 69L71, 1:17 PM 8/21/2002]