That arguement is so weak I can't believe an attorney would have made it. When they took on the job to make you a drive shaft, they took the responsibility for it failing either by their improper design or craftsmanship. They can't claim they are not responsible for your damages, they were the experst here, not you. If they felt and stated that it would fail, than they should have not attempted to make you one, they don't have to do as the customer wants. All they had to do is tell you sorry it can't be done and send you on your way. Their letter is an attempt to scare you into not wanting to spend more money on an Attorney than you have in damages.
I would bet the shop owner has a friend or a relative who is doing the work for free, since it would have already charged them more in attorney fees for the office visit and the letter than your total damages.
I totally 100% agree and this is my standing.
I will boast that (with y'all @ 4x4wire.com, Roger Brown, and Steve Johnson/SB Driveline's help) I basically AM an expert on the whole thing now but only because I have to be.
So I am POSITIVE that it's possible and I really don't see what other reason they would have to dispute it besides they don't want to pay up.
I can't imagine they'd find it cost effective to hire an attorney so I'm assuming you're right that they've got the whole lawyer friend angle covered too.
Anyway... this basically just sucks. Maybe someday I'll get reimbursed <img src="/forums/images/graemlins/confused.gif" alt="" />
Thank you all for all of your help
I'll be back with more updates as they unfold. <img src="/forums/images/graemlins/drunk.gif" alt="" />
<img src="/forums/images/graemlins/cheers.gif" alt="" /> Friends <img src="/forums/images/graemlins/cheers.gif" alt="" />
