Need advice after annual left my plane damaged with other safety issues

[MikeOH]

8 minutes ago, mooney2201 said:

In my expert opinion...once you get a summons to appear in court...it can only go two ways for the shop...PAY dearly for shoddy work...OR MAKE IT RIGHT...AND ITS CHEAPER FOR THE SHOP TO MAKE REPAIRS RIGHT...LOOK WHAT HE DID TO YOUR AIRCRAFT...IF HE HAS INSURANCE THEY WILL PAY...AND IF NOT MAKE THE REPAIRS RIGHT...HE ONLY HAS TWO CHOICES...HES NOT IN A GOOD POSITION...

Sorry, but what are your qualifications as an "expert"?  He's going to spend very little effort and refute the claims.  From what's been presented, the plaintiff is then going to have a Hell of a time PROVING any of this.  Sure, the plaintiff could spend a bunch of time, effort, and money just to 'get even' making the shop defend itself.  But the outcome is not anywhere near certain to go in favor of the plaintiff.  Lawyers on both sides will make a bunch of money; that's for certain!

[Matthew P]

17 hours ago, MikeOH said:

Sorry, but what are your qualifications as an "expert"?  He's going to spend very little effort and refute the claims.  From what's been presented, the plaintiff is then going to have a Hell of a time PROVING any of this.  Sure, the plaintiff could spend a bunch of time, effort, and money just to 'get even' making the shop defend itself.  But the outcome is not anywhere near certain to go in favor of the plaintiff.  Lawyers on both sides will make a bunch of money; that's for certain!

Easy, you get sworn affidavits from competent IAs and A&Ps to support your claims, if you find willing participants that is. This would fall under Small Claims Court ($5K cap in most places) doubt lawyers would be involved, besides a legal loss would hurt the business...OP might also want to file a complaint with the BBB.

 

Edited May 12 by Matthew P

[MikeOH]

1 hour ago, Matthew P said:

Easy, you get sworn affidavits from competent IAs and A&Ps to support your claims, if you find willing participants that is. This would fall under Small Claims Court ($5K cap in most places) doubt lawyers would be involved, besides a legal loss would hurt the business...OP might also want to file a complaint with the BBB.

 

To continue to beat this horse...I doubt it's going to be "easy" to find IA's and A&P's that will do that.  The defense is going to claim your issues "happened after the fact", and I see very little evidence in this case that would allow you to prove otherwise.  I don't see IAs and A&Ps signing sworn anything to go against another shop. There could be ramifications...like them getting sued for slander/libel.  What's their motivation?  If you are paying them for their testimony (expert witness OPINION) then be prepared for the shop to have their expert testify the opposite!

This just isn't as 'simple' as you want to make it.

Again, if you're just after 'vengeance' to 'get even' with the shop by putting them through the hassle, then go for it.  Just don't expect 'justice'.  

This is one of those, sadly becoming more common, situations that suck.  I'd 'suck it up' and never go back.  And, hope I am lucky enough to find a better shop going forward.

[Pinecone]

The other problem is, in many cases there are lots of customers with good experiences with the same shop.  

Unless, like some, the shop is rotten to the core.

[1980Mooney]

Using the Court to seek relief in this case doesn't seem like a good use of time or money - even in Small Claims Court.

• A Judge will see, as previously highlighted, "too many cooks in the kitchen"...."Owner Assisted" Annual.  Owners jacking the plane up, turning wrenches, loosening bolts, nuts, screws, removing parts/panels. tugging on things (like wires). etc.  The owners already admit not installing an oil filter correctly - not finishing a simple task.  Where do the Owner's faults end and where do the A&P/Shop mechanic's faults begin?
  • How can a Judge determine exactly who did what?
• The idea of paying an IA (why would anyone provide an "expert evaluation" for free?) based up "hearsay claims" by the owners seems expensive and weak.  How would the third party AI know whether the footwells were crushed during this particular Annual or whether they were crushed partially/mainly in some previous Annual(s) during this Mooney's 46 year life?  I say "hearsay" because unless the Owners have dated photographic evidence from the day before the Annual, then it is just their word.
  • And besides, I have never heard of an A&P or IA sticking their neck out in Small Claims Court to criticize the work another aircraft mechanic.  Yes you hear about it in high profile Jury cases involving fatalities.  But in Small Claims Court, maybe if you find an IA that is retired and never has to suffer the wrath of retribution from other mechanics you might find someone to take your money and give you an "opinion".
• The Owners claim that the bent spinner ring happened sometime during last year's Annual or between last year's Annual and this Annual. - So this is not even a fault with this year's Annual.
  • Is the claim on this year's Annual, that the A&P didn't flag it as Not Airworthy, and for not forcing the Owners to pay even more for the cost of and installation of a new Spinner Ring?
• The broken wire, the scrape under the wing, missing nuts, pliers on the engine - you can't prove that it was the fault of the A&P.
• The Magneto shop screwed up and made it right.  And the A&P that the OP wants to sue now reimbursed him to have someone else install the correct Magneto - so it shows that he is not totally unreasonable.

I am sorry to hear the OP's bad luck but I don't see a Court helping them.  I had to switch shops on short notice for an Annual a few years back.  As it turned out, the shop hired regular auto mechanics to work under supervision of Certified A&P's in the shop.  One day I went over and witnessed a mechanic in the process of completely removing all the plastic (and you know how brittle all that old Royalite is) and the insulation in my hat rack "to look for corrosion".  I was incredulous and went to the shop foreman and said "WTF is going on?"  Then, I had a fuel tank leak so they called in Aero Structural Services, so called tank specialists out of Hobby Airport here in Houston.  I came over and these idiots were trying to seal the leak in my tank from the outside.  They were gooping something on the outsides of the tank seams by way of some of the wing panels.  Needless to say I still had a leak and now also a mess inside the wings. Aero Structural Services may be good at doing structural aluminum repair and welding, but they know nothing about Mooney's wet wings.

I had to argue for a reduction in shop hours charged with the shop owner.  They were also trying to make me eat the Aero Structural Services bill because they were a subcontractor.  I refused to pay the Aero Structural bill because of the incompetence Aero Structural and of the shop that hired them in the first place.  The shop signed off for the Annual complete except for the leaking fuel tank.  I wound up having to Ferry my plane to another A&P to get that done.  And I never went back to the shop that failed me.

Edited May 13 by 1980Mooney

[Kytulu]

I'm still trying to wrap my head around "2 hours to replace a Molex connector."