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Being a Little Rusty
The plaintiff bought a car from the defendant. She argues the engine had too much rust on it and thinks she was ripped off, so she’s suing. He says he never knew about engine rust and doesn’t think he owes her.
Case: 31-095
Пікірлер: 205
Her warning other people about wearing a seatbelt broke my heart. It’s so simple & can save lives. My heart goes out to this momma 💕
@jenniferwang3489
2 жыл бұрын
Yes, I flipped my first car in an accident, went end over end. I landed so hard I broke my rare axle and my drivers seat was about a foot further back than it should be. I don't care who is in my car, we don't MOVE until everyone has a seat belt buckled. I won't have someone else's life on my conscience.
@vorpal22
2 жыл бұрын
@@jenniferwang3489 Most modern cars won't let you not know that someone isn't wearing a seatbelt... I joke that the only thing that nags me more than my mother is my car about seatbelts. BING BING BING BING BING. I am very pro-seatbelt, but if I am just reversing down the driveway or driving on my property at a very slow speed for a short distance, I might not bother.
@jenniferwang3489
2 жыл бұрын
@@vorpal22 My car is an '08 and I have a light, but even when we were growing up and there was no lights, a simple look around the car and I can see who is in a seatbelt and who is not.
@morgancalvi6675
2 жыл бұрын
I'm sorry...seatbelts have been a cause of deaths and broken necks...so they are good and bad. What you want is a seatbelt you can easily get out of.
@vorpal22
2 жыл бұрын
@@morgancalvi6675 Yes, seatbelts have been the cause of deaths and broken necks, but the point is to establish statistical significance, which they have: seatbelts reduce injuries. They are not perfect, but they are better than the alternative.
I feel for her.. In the beginning it almost seems like she didn't want to even talk about the death called it a silly accident and tried to keep it focused on the case! 💔💔
@naowright9308
2 жыл бұрын
I have done that too. Twelve years ago I lost a set of twins and just recently I lost my dad to cancer, but when people ask about different things that are related I try to fly past the part that brings my grief up. I do not want to cry because it makes it so hard to stick to the point.
@MsDez1977
2 жыл бұрын
i agree, she was fine up until that point. my heart goes out to her
May her son RIP. My deepest condolences to her and her family. 🙏🏼🕊
@Us4ever1029
2 жыл бұрын
I agree so much...Thank her and her family for their sacrifice. God bless. May he RIP.
@versatileduplicity9313
2 жыл бұрын
He was dumb. Not gonna lie.
@saramichele7366
7 ай бұрын
@@versatileduplicity9313Come on now... Most of us are guilty of not wearing a seat belt at least once in our lives. I know I used to never wear mine. It was a mistake. And it unfortunately cost him his life.
If I've learned anything from court shows it's to never purchase an As-Is vehicle without a mechanic physically looking over the vehicle. I'm deeply sorry for the loss of her son.💜
I am so sorry for this woman's loss, Even in her grief, she's reminding others how easily such things can be prevented. Nice to see a case that's a bit different, being as is and all.
I'm no mechanic, but I can't see how that much rust would ever have been repaired for $500. $3,200 sounds much more reasonable.
@CooknVibewithannmarielove
2 жыл бұрын
My muffler was rusted and patched I eventually had to replace it and was 7-800$ 🙄 repairs are expensive
@colleenobrien8212
2 жыл бұрын
Hmm, interesting. Thanks for the info.
@ct6410
2 жыл бұрын
Doesn’t matter. She has no grounds to get $3200.
@BobBlumenfeld
2 жыл бұрын
@@ct6410 Of course not. But I think the repair guy gave her a lowball estimate to get the job. Looked like a total rebuild of the engine compartment.
@maryelaine-blinstrubchambe6083
2 жыл бұрын
Luckily it doesn't matter the defendant only agreed to help her with $500 thank goodness. He did this because of feeling sorry for her and her loss. Now we know she did this to sell the car.
This poor woman... I feel deeply for her.
@versatileduplicity9313
2 жыл бұрын
Poor baby. Stupid hurts
@eloahnon4952
2 жыл бұрын
@@versatileduplicity9313 It does, doesn't it? 🤣
My heart goes out to her for the tremendous lost she suffered seat belts truly do save lives ♥️
Rest in Peace to her son. I feel for this mother losing her son. Wear your seatbelts people!
My best friend got into an accident 5 years ago. 5 teens in the car, 2 wearing the seatbelts. They were fine. Two of the other's died. My best friend's heart stopped 3 times. He was in the ICU for 3 months. They thought he would never walk again. Thankfully he made a great recovery for the circumstance. But he will have to use his cane for the rest of his life. When I visited him in the ICU all he could say is wear your seatbelt.
@jamesbryant9514
2 жыл бұрын
Wow. GOD bless you all. I feel your pain. I I lost my baby girl almost 26 years old.
@spacecase8791
2 жыл бұрын
@@jamesbryant9514 So sorry for your loss.
May the plaintiff’s son rest peace. My heart aches for her. I could never make it if something happened to my children. My daughter is the age now to get her license and I don’t think I’ve slept well since I signed the drivers education form for her to take the class. 🤦♀️ Wearing your seat belt is the easiest thing you can do to protect yourselves. Make it a habit and you’ll never be bothered by it again. As for the case the plaintiff did well to ask the defendant in writing. Like JM states over and over again put it in writing because if you do not then it’s just a as is sale. Though, I really could not see myself fixing up or even trading out frames in the car my child died in. But each their own. My thanks as well for this loyal service in our military. That goes for any person and family that sacrifices so much for our country. It’s truly appreciated.
1st time a case made me cry from JMM, I cried a couple times hearing JM cases… so sad… broke my heart 💜💜 stay strong mama!
@Multipass1111
2 жыл бұрын
I cried too, especially when she said her son had just got back from Iraq 💔
@CooknVibewithannmarielove
2 жыл бұрын
@@Multipass1111 I missed that part 😔 ugh pray they find comfort
I have always bought my vehicle's from a private sale and have been very fortunate that I've never had problems. My dad would go with me to check it, since he used to rebuild cars, and would spot something right away. Always have someone check the vehicle, inside and out! Also, in regards to her son, Rest in Peace. Thank you for your services to us as well! 🙏🙏🙏
Happy Friday from Miami FL everyone. We are having ropa vieja, Cuban toast and cafe con leche for our TPC lunchtime fix today. Have a great weekend.😉
There is nothing a parent can go through more devistating than the loss of a child. If you live through that, you can overcome ANYTHING!!!
What a sad case. But good to learn that an “As Is” contract can be void in place of a new promise to pay.
@ct6410
2 жыл бұрын
Yeah, no. Clean your ears out. It’s a detrimental reliance on a promise-not the promise itself. And it doesn’t VOID a contract. That’s actually a legal term that has meaning.
@NATSCOTT
2 жыл бұрын
@@ct6410 reread my comment thank you.
I feel so terrible for the plaintiff. Poor lady 😢 R.I.P. to her son.
As is means NO WARRANTY. That means no guarantee that the car will last ANY AMOUNT OF TIME. It could blow up or fall apart as soon as you drive off and it's still on you
@alyssahamlett
2 жыл бұрын
I know it's blowing my mind how many people in the comments are saying she deserves the money just because her son passed away... Of course that said but that doesn't mean you get to go back on what the law is
So sad I feel for this mom. RIP to her son.
Aww, I just heard about her son and I feel terrible for her. God bless her.
The emotional distress from the loss of her son may have caused her not to think things logically. Everyone grieves differently. Hopefully, this helps her to resolve the car and sell it and gives her comfort and peace of mind. ✝️🕯️🙏
@alyssahamlett
2 жыл бұрын
That doesn't mean she gets to go back on an As is sale .. Granted this man should not have sold her that car without telling her about all that rust but she is the one responsible for making sure the car is okart is OK she is the 1 buying find it and grief is not a justification for wanting your money back
@aubreynaarcher8916
2 жыл бұрын
@@alyssahamlett That's what the commenter is pointing out. She's acknowledging that the plaintiff wasn't thinking logically.
I'm confused as to her intention of the car... I thought she wanted to keep it as a memento but then after the verdict she said she's turning around and selling it? I hope she wasn't using her son as leverage for the case.
I feel so terrible for the plaintiff. 😔 R.I.P. to her son. One thing the plaintiff said though was, "He was my son." He will always be your son. He will be with her forever in spirit.
Is anyone else crying for this mom?
May her son her baby boy Rest In Peace, and thankyou so much for his service
My condolences to the mother. 💜
After watching this, I sent out a group text to all the younger drivers and their mothers reminding them to wear their seat belts. That life can be taken in a blink of an eye. Heart breaking when anyone dies in this type of accident, but someone so young with a full life ahead of them, just very sad.
Rip Young man,thank you for your service....
I don't understand... As is, means AS IS! I'm sorry for her loss, but she bought the car as is!
@BouncyAnimation
2 жыл бұрын
well technically the 500 isn't exactly a refund on the car. It is to help pay for the repairs that he agreed to. If he didn't agree to pay for the repairs then she would have been out of luck
@RumbleRish
2 жыл бұрын
It’s called the promissory estoppel doctrine. She relied on that promise to her detriment. That’s what makes the promise binding.
I feel for her. I lost my brother not long after he returned from overseas serving in the Army from a motorcycle accident.
Thank God my 13 yr old Grandson is hard core on everyone wearing their searbelts. 🙏 I feel so bad for this Plaintiff 😢. Don't know what I would do in her shoes. Good judgment Judge M. 👏 💜✌
Awwww😞I’m so sorry about her son💔
Grab that crayon and nearest roll of toilet paper!
@CooknVibewithannmarielove
2 жыл бұрын
Lol u already know! She needs some merch that’s says that
@JeremiahLOsborne
2 жыл бұрын
@@CooknVibewithannmarielove no doubt! I would totally buy a shirt that said "Thank you, Douglas"
@CooknVibewithannmarielove
2 жыл бұрын
@@JeremiahLOsborne same lol or “Douglas what’s it called” “a little rough justice” 😂
@JeremiahLOsborne
2 жыл бұрын
@@CooknVibewithannmarielove "I need something more than your flapping gums"
@CooknVibewithannmarielove
2 жыл бұрын
@@JeremiahLOsborne 😂 😭 hahah
Poor lady. I wish her healing. I wonder why she would want to keep the engine of the vehicle that caused her son's death.
So the plaintiff was so worried about rust that she goes out if her way to mention it to him before the sale but doesn't have a mechanic look at it to verify something that's very important. Then she asked for 500 back for an as is sale (she already knew what that was since she put it in the contract) the defendant agrees to give it to her, since he felt sorry for her when it came to her loss. Maybe it's just me but she was making it seem like she was "rebuilding" the car in honor of her sons memory, only to say she's going to sell it. I do feel for the plaintiff, but by the end I was feeling a little more suspicious. 🤔
I'm so sorry for her loss too😢❤
What a tragedy. May her son RIP. 🙏 🙏However, I don't understand what the plaintiff was trying to do.
This reminds me of "Grandfather's Axe Paradox" Grandfather's Axe', where the head and handle have both been changed half a dozen times - but the axe, passed down from generation to generation, is still Grandfather's Axe.
she lost she brought a used car didnt bring it to a mechanic didnt have it check out need i say more
@mclaybry
2 жыл бұрын
Technically, yes, you are correct- however- the Defendant then agreed to refund her $500 in a text, which is legally binding.
@RumbleRish
2 жыл бұрын
@@mclaybry well it’s only binding because the plaintiff relied on that promise and went to get work done. If the plaintiff just sat around and did nothing, that $500 promise wouldn’t be binding on the defendant (the plaintiff wouldn’t have gotten anything).
Why restore the thing that killed him? Seriously asking.
@laceyjaye1262
2 жыл бұрын
According to her, to sell it apparently...
This mother is still grieving, it’s so incredibly sad😢. No parents should have to bury their children,it’s the worst kind of heartbreak. Even through her grief she still reminds people to wear their seatbelt 😢
Bullshit judgement. The seller was under no obligation to return any money. SHE'S the one who added 'as is' into the contract, even though that is the law unless there's an expressed warranty. She gave him her sob story and guilted him into considering returning $500, but she still bought it 'as is'.
@misfit_pets5731
2 жыл бұрын
He made the agreement like the judge said. Had he not she would have been out of luck. It was his choice.
@lindseyyoung9149
2 жыл бұрын
Yep, that's what I'm saying. It seems she was also trying to get that sympathy from the judge as well. The guy saying yes he'd pay was the loophole she needed to rule for the plaintiff.
@jpharleyd9325
2 жыл бұрын
@@misfit_pets5731 Sometimes your heart reacts instead of your brain.
@jpharleyd9325
2 жыл бұрын
@@lindseyyoung9149 The guy should have shut his mouth. He shouldn't have said anything just to blow her off.
@misfit_pets5731
2 жыл бұрын
@@jpharleyd9325 he didn't have to SAY anything he agreed by text to give her $500. Gotta stick to your word.
She was feeling the indescribable pain of losing a child, and still used the opportunity to warn others about using a seat belt. What a selfless woman. I'm so very sorry about her son. I wish there was a GoFundMe to help her with the car repair bill; I would donate to it. RIP soldier and thank you for your service.
I am upset with this woman. It seems like she misrepresented her goals for this car and tugged on the defendant's heartstrings! He t Houghton she was redoing the car to hold on to it because her son loved it. At the very end we hear she's selling it! Plus her tears turned off really fast.
Awww man..im crying 😢. This poor mom. Hugs.
omy gosh, if she watches this, my condolonces to you, heartbreaking. crying listening to her story
I wanted to thank everyone for their kind words, and heart felt emotions. As for the nay sayers. I can only prey that you never lose a child. At a unexpected moment in your life, putting aside the unimaginable pain of learning your baby has just died. Your placed in a position of having to make choices for a life you never could imagine losing. Not all my decisions where rational. I did the best I could at that time. And, have no regrets. Thank you all again, for your words of encouragement and support. Mother that is still in mourning
@naigepippens1622
Жыл бұрын
Your son was very handsome and I am so very very sorry for your loss. I too lost my son who was my oldest child, in 2019. I am not going to say that I know how you feel because of my loss because everyone grieves differently, but I can truly say that I was able to relate to your post. God bless you and may your days become easier.
@shannonshannon8427
Жыл бұрын
Thank You
So she wants to rebuild the car her son dies in wow what a crazy person!
My heart breaks for the Plaintiff. May her son SIP.
9:35 Those are the fingers of a true Mechanic!
My heart breaks for her !
GOD bless her! Please wear your seatbelt!!!
Never make outside deals, outside of the AS IS contract. Good lesson for the day.
I feel so bad for her. I lost my beautiful baby girl not quite 26 years old. She was wearing her seatbelt. Front and side airbags came out. Head on with a traffic light signal pole. Over corrected as well. So heart broken. I love her. Erica Nicole Dixon. Houston Texas. April 1st 2021 at 12:55 am. Voss rd.
@ashleyquam
8 ай бұрын
So sorry for your loss 😢
People look for ways they can scam and cheat other people. Especially those who are in grief
No good deed goes unpunished. The sob story about her son is one thing, but I think the defendant made a mistake on even engaging with her on the $500. He already reduced the asking price by $1000 and she was alllowed to inspect at her leisure before buying it. He never guaranteed rust and even she didn’t see it before she bought it. Just goes to show that sellers need to stick to “as is” and not engage further than that lest anything they say after become another contract like in this case.
The lesson here is if you sell it AS IS and buyer calls back complaining do not go into any further negotiation. Let them sue you if they wish
I totally understand as is sales and the law behind it …….But if it was me morley I would’ve given her money back. She’s gone through enough. 😣🤧
That's really a terrible thing, but he probably was racing or doing something reckless, she said he hit the curb and rolled, it doesn't make sense, unless he was driving way too fast. But just from hearing her story, I would have helped her out and gave back at least 1000 to help her fix the car.
omg I am so sorry to hear that. may the lord bless her and keep her
She was looking for a shell to put her son's drive train in.....but she drove the "shell" home. Sounds like it was a complete car... She wants to put the car together just to flip it?? I'm confused. Defendant agreed to pay her after the fact, so that was the right verdict.
Less on from the car accident: wear your seat belt or a helmet when driving
@trekgirl65
2 жыл бұрын
lesson*
My heart breaks for this lady!!
Not many of these cases make me tear it. If you see this mama, we’re thinking of you ❤️🩹
😭🙏🏾 this was a tough case. I hope she gets comfort
I really feel sorry for the lady. As a retired technician living in the South, I would NEVER buy a car from the Northern “Rust Belt” without personally inspecting it or having it inspected by a Professional complete with photos. Nearly every Northern car I’ve inspected has been a rust bucket. If you don’t want to pay to get it inspected, don’t buy it.
She broke my heart when she broke into tears telling about her son and the car wreck,My deepest condolences to her
There needs to be a trigger warning on some of these 💔 This one has me crying like a baby on my lunch break. That poor mama. 💗💗💗
@starry75
Жыл бұрын
Trigger warning? 😂 do people walk around with trigger warnings on their clothes? No, it’s called experiencing life.
So sorry for your loss ❤
I’m so happy she got some of her money back
so sad but buyer beware always take someone with you before you buy
That's why u don't wear my seat belt as bad as it sounds.
My sister died the same way. I always wear a seat belt, no matter what.
@ashleyquam
8 ай бұрын
Sorry for your loss 😢
He's admitted he doesn't have the money, somehow, I don't see him paying it anytime soon, so it's probably good that the funds are paid from a pool by the show! He just had that look like, "yeah, right"! 😠👵🇺🇸
I purchased a 97 jeep grand cherokee from a used car dealership...had it 22 days and it got to swaying really bad..I took it to a local mechanic and they said the Frame had rusted into...I went to the dealership I bought it from and they wouldn't do anything about it so I called the Police and a state Trooper came to my house and got up under it and said...sorry, there is nothing We can't do about this...because we can't tell if it rusted into while I had it or it was that way when I bought it...I said...it was driving fine when I got it...22 days in..I couldn't keep it on the road...so it broke/rusted into after I bought it...and I only had it for 22 days....he said...you bought it AS IS...I said...but it has a Brand New Inspection sticker on it...there is NO WAY they could have inspected it or PASSED it with that much rutt on the frame....he said...sorry..we can't help you....it's your word against theirs...grrrrr
Have to feel very sympathetic towards the plantiff after such a tragic loss of her son. Anyone who has lost a loved one of this magnitude should clearly be able to identify. The judge did the right thing in awarding her $500 which was discussed between the two via texts. Milian did everything available to her to make sure she didn't leave empty handed which was the right thing to do.
@journeysalkebulan
2 жыл бұрын
Most everyone has lost a loved one of this magnitude! Death doesn't distinguish sadly.
@alyssahamlett
2 жыл бұрын
Just because her son passed away doesn't mean she's above what the normal law is the only reason she got awarded that money was because he fucked up and said OK in any other instance she bought that car as is and should leave with nothing. I don't mean to be rude it's just not a reason to award a judgment
@adrianprince7266
2 жыл бұрын
As I said the $500 was discussed between the two through text messages which was why she was was awarded anything at all. If not for that she would've left with nothing. The right thing was done here.
@TopherGrant
2 жыл бұрын
@@adrianprince7266 are you sure? You don't feel the need to bash her?! Would you date her? Lucky for you she's your favorite shade of human!
Defendant looks high as hell
She made me cry!!! Why wasn't he wearing his seat belt 😭
People, wear your dam seat belt.
Lol at the people upset in the thinking the judgment is BS. AS THE JUDGE EXPLAINED, the promise to pay the 500 is binding because the plaintiff relied on it to her detriment (by paying to have the work done). Had the plaintiff simply not done anything and just wanted 500 back, the promise by the defendant would not have been binding. It’s called the promissory estoppel doctrine.
I didn't understand her intentions. She bought a car and wanted to place the engine of the car that killed her son in there and then she was going to sell the car? I am confused. It seems like she is acting strangely out of grief. I could understand if she wanted to keep her son's engine as a memento but her final plan was to sell the car. Make it make sense. The defendant was stupid for dealing with her after the sale. He was within his rights to have nothing to do with her. Morally if he knew about the rust then he should have been honest about it but as she didn't get it checked over before she bought it then the law is on his side. The only reason she got the money is he offered it and based on that offer she had some work done. There should have been proof required that she had the work done. Overall it was quite a good outcome but she was lucky to get something.
Your car flipped over cause if his speed and the turning radius no car will flip doing 20. The judge is being real nice
Very sad situation for the mother to loose her son an want to restore her sons favorite car to keep his memory an then has to go through bullshit to even try to do so. Very sad sad situation over all. I hope mother gets its done an can enjoy her sons favorite position n always have memories of him.
He should have blocked her after the sale. He should never had promised the 500
Looking at the pics of the car and all the rust, I'm surprised she did anything with it. Even if you shiny up the outside, the structure would be weak. The plaintiff is lucky that she even got a response, at least initially, from the defendant. A person would fight and yell and fight and tell the person off for any requests for a refund. As a side comment, it is a real pain to get title for a rebuilt vehicle. Inspections like crazy.
Praying for her. I would give at least half back.
Poor lady
Why would a mother want to repair a car that her precious son was killed in.? Everytime you drive it the horrible memories would be recalled, rather than focusing on all his goodness and love? I am so sorry for her situation but fixing the car would not cure anything. Bless.
@laceyjaye1262
2 жыл бұрын
She's not going to be driving it,she's going to be selling it... Idk seems weird to me.
Wow that was a lot of rust
People if you’re buying used take it to mechanic BEFORE you buy it
Condolences to her but if it was sentimental I would think you would be deligent about bringing a mechanic with you to look at it. Esp. if you are aware of what you want and don't want from a AS IS USED CAR.
Feel for her but why buy before getting checked out?
If I was in her position, I’d become a serial killer. Not gone lie. I done been through enough crap in my shitty life. So for me to lose a son ?! I’d lose my mind
She bought it as is. He can promise any amount of money he still shouldn't be held to his promise.
A 20yr old car will have rust. Period.
I think she wanted to make some money from what was left from her son car. I thought she bought because of a sentimental attachment, but how wrong I was!
@johnpeters9793
2 жыл бұрын
Yeah....that's kind of what I saw. She said she was looking for a shell to use her son's drive train but ends up buying a complete, drivable car. Don't doubt her grief, but kinda doubting the car story.
She should of just sent the extra money and got a better car.
Hot defendant
Facebook Marketplace...lol. Someone tried telling me only bad things are said about Facebook Marketplace...but I'm a victim of that scam. BUYERS BEWARE!!! If she needs the shell, why is she suing for the engine being rusty??? Pretty sure the closing date is part of a contract. You don't finish on time...that's a breach.
sorry for the mother 🙏 please wear seatbelts