Schrade
05-08-2013, 02:20 PM
Today was the pre-appeal arbitration. Arbitrator overturned the lower court ruling.
You might recall I won the small claim hearing. I sued for $5k (the max allowed under NC law for small claims). The shop had even owned up during proceedings to all the shortcomings.
I was concerned only that the arbitrator would say to give the shop another chance to fix the car. They had already had it 3 times between October and January, and I wasn't fond of that idea.
He gave no indication that I had a weak case, although he asked why I wanted $5k. I re-iterated that ALL parts DON'T work, or don't work PROPERLY, with full documentation, photos, etc., and I had additional problems that didn't exist before. So I wanted $5k of the $8500.
He said neither party should collect (they weren't asking for ANYthing).
HUH?
No opinion was given. I guess that's why he's called an arbitrary-traitor.
Defendant knows it ain't over tho'...
After the hearing, he called after me, and said bring the car back in. I asked if I could be there for work, HANDS ON. He said ok.
I'll still file notice that I'm not satisfied with the arbitrator's coin-flip decision, then it's on to Civil District Court for the small claim appeal hearing.
Unless the shop can get it right in the meantime.
Thoughts? Opinions?
You might recall I won the small claim hearing. I sued for $5k (the max allowed under NC law for small claims). The shop had even owned up during proceedings to all the shortcomings.
I was concerned only that the arbitrator would say to give the shop another chance to fix the car. They had already had it 3 times between October and January, and I wasn't fond of that idea.
He gave no indication that I had a weak case, although he asked why I wanted $5k. I re-iterated that ALL parts DON'T work, or don't work PROPERLY, with full documentation, photos, etc., and I had additional problems that didn't exist before. So I wanted $5k of the $8500.
He said neither party should collect (they weren't asking for ANYthing).
HUH?
No opinion was given. I guess that's why he's called an arbitrary-traitor.
Defendant knows it ain't over tho'...
After the hearing, he called after me, and said bring the car back in. I asked if I could be there for work, HANDS ON. He said ok.
I'll still file notice that I'm not satisfied with the arbitrator's coin-flip decision, then it's on to Civil District Court for the small claim appeal hearing.
Unless the shop can get it right in the meantime.
Thoughts? Opinions?