Three judges go in for heart surgery, the doctor installed the heart and left, all three passed away. Per the judges ruling the doctors have preformed their job. We now have an opening for three new appeal judges!
They adjudicated on the pleadings of the original case, they are not required to look for relief elsewhere. I believe Steve is accurate in wondering if that case was originally pleaded correctly, using the correct statute.
Got a rope? After all when your actions cause contempt for the system you are giving Aid to the enemies of the system. Last I checked giving Aid and comfort to the enemy was an act of treason. Capital felony treason!
Judges are accountable if people weren't so dumb and yes too busy to care that much. """ Justices and judges in the Michigan court system must run for election. All are elected on the non-partisan ballot. Trial court and Court of Appeals judges serve 6-year terms. Michigan Supreme Court justices run for 8-year terms."""" The law isn't that fair, we all know that, the rich and corps as always have mostly ruined it. Steve is part of this system and rarely speaks up .
We get these business biased Supreme Court judges because we elected the politicians that appointed them. Thats on us. Look at the US Supreme Court. Same issue. It’s government by and for the wealthy political contributors. Google “Citizens United” if you’re still in doubt.
i’m a technician, my shop has me tighten the lug nuts to spec, sign my name to the paperwork, along with my employee number, my boss then goes around and double checks the torque, and also signs his name and number. We also have a torque tester we use daily that we sign off on to ensure our torque wrenches are to spec within +-2 ft lbs, and more or less and the torque wrench is no good and you’ll be liable for any issues with the lug nuts and anything else you use it on. Any instructional video or paper telling you how to do a tire rotation will tell you to to tighten the lug nuts to the manufacturers specifications, that is part of the service, they presumably came in correctly tightened, so they must leave tightened as well
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Bravo! All safety-critical systems demand sufficiently redundant, rigorous, and consistent QA/QC, increasing testing and measurement with increasing risk to lives and property. The point being that performing each check multiple times catches errors and omissions that would be catastrophic if there were scheduled only once and missed.
True Quote: "I performed well in my bar exam, i only completed 50% of the test. And i passed, got a job, and eventually got a posting on the Supreme court of Michigan. Where i only need to perform 50% percent of the time to get paid." Statement from Judge Half-right
I just want to note, this case was Samuel Anaya v. *Betten Chevrolet Inc.* , and that *Betten Chevrolet Inc.* is the corporate entity that operates the *Betten Baker Chevrolet dealership in Muskegon.* Instead of calling it the "Insane Lugnut Case" I think we should call it the *Betten Baker Chevrolet of Muskegon Lugnut Case* ... just a thought.
Wait a minute, you can clearly see a conflict of interest. How can they be released of liability, errors of omissions, and revocation of their certifications under this claim? All of which are mandatory in order to be operating under the terms "Dealershit"
This is wild. I get my tires done at Costco. I have a buddy who used to work in the tire center and had been there for years. Even then he still wasn't authorized to do the final torque on lug nuts, only the manager could do that. Every car that leaves has it's lug nuts torqued by a manager.
I have seen that at Costco and I applaud their work. On the other hand, a big tire chain near me rotated my tires and cross threaded 3 lug nuts and studs. They obviously did not want the tires to fall off!
@@pjtruslow Well i'm a 38+ year master auto tech that owned and operated my OWN shop for 23 years before I retired...I was a small independent 4 bay shop that did most any kind of repairs and servicing and I can tell you hundreds of horror stories that my customers have told me from these repair shop parts hangers and tire service centers. I was only word of mouth and my customers never left me because of the service they received from my shop. I lived the horror stories from a lot of rotten so called mechanics.
I once stayed in a hotel in a resort I shan't name. There was a large sign at reception stating that all the water served in the hotel had been passed by the manager.
Did you see his Rogan interview...? Dude is a BEAST! Downed half a fifth of whiskey WHILE smoking a HUGE blunt...DURING the interview...! "If I'm gone more than 6 hours, my wife starts dialing up random hospitals, and Police stations..." He wasn't joking!
So I rotated the tires, and used the impact wrench on 3 tires then fred said hey dude lets get high so we did and i came back and pulled the car out and went on to the next car.
@@phiksit You are probably right but I’m not convinced an auto repair shop necessarily qualifies as ‘big business’. Sounds more like outright conflict of interest type of corruption IMO.
Wait till it happens to one of their cars, or their kids car. It wouldn't even make it to court because the mechanic would hear theyre a judge and settle.
Qualified immunity allows judges, cops and other government employees to commit crimes and act in an irresponsible manner without any accountability. Time to end qualified immunity and many of these problems will go away.
The entire system needs torn down and rebuilt police and judges should not have qualified immunity we are seeing the outcomes of that as time goes on and any time they screw up it should come out of they’re own pockets not the tax payers
When I was studying law, the first case that exposed me to the concept of "The Fix is In!" was Cuthbert v. City of Philadelphia, 417 Pa. 610, 209 A.2d 261 (Pa. 1965) in which Ms. Cuthbert, while crossing a City street, got her foot caught in a hidden hole below a street car track, and suffered broken bones and other severe injuries when she fell down, her foot still trapped. A jury brought in a verdict in her favor. A majority of the Pennsylvania Supreme Court overturned the jury verdict, basically saying that pedestrians in Philadelphia could never win such cases. Justice Musmanno, in an eloquent, stinging dissent, explained the far reaching effect of this amazing ruling, using the following language in part of his dissent: "But the majority says that there were other possibilities for her injuries. And one has to admit that there were. A thunderbolt may have fallen from the skies and struck her. An enemy may have thrown a hand grenade at her as she was crossing the street. Her bones may have been as brittle as match sticks and they all snapped at the crucial moment. Anything is possible in this possible world, but the world moves not on possibilities but on probabilities, on likelihoods, and on conclusions built on facts. Every fact in this case, every inference, every application of logic, every rule of cause and effect establish, not only by a preponderance of evidence, but by irrefuted and irrefutable evidence that Mrs. Cuthbert was hurt because of falling into the defect which the City and the Traction Company inexcusably allowed to exist for two years." A Google search using the citation above will lead you to this amazing case, comparable in its idiocy to the Michigan lugnut case.
As a mechanic for 40 years, I was taught loooong ago to put the torque wrench on the drivers seat BEFORE you rack the car on the hoist and begin tire work. Hard to drive out without a reminder in your as...
I think all the sitting judges of both the appeals and Supreme Court in Michigan should be required to have their vehicles serviced by that shop and that shop only. I sincerely hope that they get a lot of "performed" jobs... this also may spill over into employment cases where companies say people didn't perform their duties. Hmmm since those judges are being absurd already, the state and municipalities could save so much money having their police, fire and ems walk out to their vehicle, climb in, start it, turn it off and go back to what they were doing, since they performed their duties, certainly if an address is flagged in the system to be one of theirs.
Steve, How can the courts look to the dictionary for definitions but not look to the manufacturer procedure when making a decision if the work was completed. Manufacturer ALWAYS states a torque specifications. I think the courts have performance issues.
When they refer to performing repairs, the steps would be outlined in a repair manual. The torque spec for tightening the lug nuts would be listed in those steps.
And at no times are they allowed to bypass, remove or render ineffective any safety equipment and you can call me stupid but I think not tightening the lug nuts qualifies as bypassing safety equipment seeing you can not drive the car safely with loose lug nuts. So yea there's that as well.
Well see the problem is according to these idiots perform only means begin. So is that step one tightening them? No well then did they do step one? Still no? Well did they open the book to the page that talks about how one might go about starting to change the tire. Cause apparently if I open the book, I started changing it and that's performance enough.
I got my oil changed the day before driving 300 miles to my GRANDMOTHER'S MEMORIAL. When my two children and I went to my car, there was a pool of motor oil under it. The tech forgot to replace the washer before refilling the oil. The mechanic got really lucky that nothing happened after such a long trip. They paid for the new oil change and refunded me. Negligence is so frustrating.
@@buckhorncortez One of the reasons Judges dislike plain language law is because its makes it so easy to spot undue influence. But they know they can't be easily held accountable. In fact its damn near impossible to penetrate the politics to slap the judicial wrist. No doubt these bozo's will not be disciplined even IF bribery were proven. Your friends are safe.
@@oneshoepilot3943, again, that's a whole lot of speculation. Yes, there are corrupt judges. But unless you ARE one, you really don't know what they like and dislike. You're just assuming that "plain language law" makes it easy to spot undue influence. That's just not true. Even plain language law requires a reading of context and circumstance. For example, in this case, a wheel fell off while the vehicle was in motion and the car was damaged and someone was injured. It makes sense to claim that the mechanic didn't complete the work and is at fault. If, on the other hand, only one lug nut was not tightened down and the driver was suing over the loss of one lug nut, it would be appropriate (although not necessarily correct in the literal sense) for the court to say that they won't hear the case and that the work was "performed". The loss of a lugnut doesn't justify a claim that they violated a statute (even though they did) and it doesn't justify the mechanic being responsible for legal fees.
@@phiksit you and @Buckhorn Cortez have skillfully highlighted the broader issue: Not following the law as it was meant to serve the individuals whom have been harmed, but serving the court instead. Can you not understand by now that this ruling is CLEARLY influenced to serve the court’s interest above the interests of the public who are now put in harms way directly counter to the legislation as written? I will write no more on this subject in this forum. I wish you well.
20+ years ago when I was going to trade school for my career in turning wrenches, I was taught that one bad review was dozens told about it. But a job done properly, that got no thanks. I've tried to be perfect. Defective parts exist. Obvious symptoms with hidden root causes happen. Intermittent electrical problems absolutely suck to track down. And I've occasionally made minor errors. This is just inexcusable. Be proud of your work.
Yeah by that rationale you could perform an oil change and leave the oil out of the car. The Court of appeals and Superemes need to get their head out of their asses.
To what torque specification, the manufacturer's or a private company's? My car's torque specs are 66 ft.-lbs, yet a tire shop told me that they weren't authorized to do anything less than 80 ft.-lbs, nevermind not actually tightening them! 😅
@@tyree9055 my first car was supposed to be torqued to only 45 lb/ft. The studs would break before 60. Before you go thinking that's crazy, that car only weighed 2030lbs in total. I would show my owner's manual to shops that argued with me and tell them they were not authorized to deviate from manufacturer's specifications if they wanted to get paid. One shop said their torque wrenches would only do 50 and above. I told them if they didn't torque my car properly, I would retorque them properly in their parking lot with my torque wrench and explain what I was doing to any of their customers who asked. I have also left specific reviews for a couple of shops. Needless to say, I value very highly mechanics who actually know what they're doing.
Spec is 100 lbs....consumer checks and it clicks at 99? Lawsuit. Clicks at 101? Lawsuit. Hope you plan to take your vehicle to another state to get repaired.....because there isn't a shop around that can meet that standard without being sued. The only people who will win is ATTORNEYS. They are butthurt because they have been making BANK on this statute in Michigan since 1974.
The legal system we have was designed as a replacement for trial by combat. It's well past due for a higher standard than "it's better than sword fights."
Their insurance probably made a $1,000 offer for the passenger’s injuries, calling it a “nuisance” claim. Yeah, well, paying claims is a nuisance to insurance companies.
A lawyer once said to me "if you are looking for justice in a court you are in the wrong place, what happens here is the practice of law, there is a reason we say that."
A lawyer friend here in Stockton got a case across his desk. A guy was arrested for having a "lethal weapon" in the front seat of his car. He had just changed a flat and was in a hurry, and threw everything in the front seat. Cop pulled him over in Tracy CA for a bad taillight and arrested him. Judge eventually threw it out.
I am very happy to know about the result of this case. I had previously been unable to work as a mechanic since the directional lever on my ratchet is stuck. It only turns things counterclockwise. But thanks to this ruling I will be able to start working again.
No you still can't work, because you wouldn't have started the work. You need a wrench that ratchets at least once clockwise then can do all the rest counterclockwise.
I once had a Front brake job done in Brantford Ontario, and went to Hamilton Ontario, spent an hour or so there, and drove back to Brantford. On the way home my steering felt funny, so I got off at the first exit for Brantford and a couple feet south of the Highway, there was a parking lot for people who did rideshare. I got out looked, and the wheel on the right side had 2 lug nuts left, and they were loose enough to remove by hand. So I phoned my friend, he came out, he took me a Canadian tire and I had to buy 5 new lug nuts. The next day I went back to the place that did the brake job and ripped them a new one
I'd love to be a surgeon and have one of those judges on my table. "OK, I'm making the incision. Now I'm cutting that artery. OK, I've performed the surgery. Bandage him up and get him out of here."
@@yadayada752 no...you accept normal risks. If a woman goes in for a c-section and develops a post op infection, can't sue. If the surgeon refuses to sew her back up, she can sue. Surgeon removes her uterus just because? She can sue. Surgeon decided to take out her appendix and leave the baby? She can sue.
One small problem: this ruling was on a motor vehicle act; not likely a surgeon would be sued using this statue. The analogy is apt, but the court applicability wouldn't hold up.
If only there were a way to convince the judge by "performing" incomplete repairs to their car in the parking lot, and ask the judge if he/she is OK and willing to drive the car home.
I am reminded of my friend that works at the local university. He was telling me how the professors are so smart but they don't know how to check the oil level of their car. I am thinking these judges don't even know what a lug nut is.
Definition of an expert A person who knows more and more about less and less until he knows absolutely everything about nothing. Example you have someone who knows a lot about chevys, then you have smart people who know about camaros, then really smart ones that know about first generation camaros. Then you have experts that know about 67 Z28 convertibles.
Under that definition of performance, you could properly perform compliance with a subpoena by starting to gather responsive documents, but never deliver them to whoever issued the subpoena. Though it occurs to me that payment is also a performance of obligations, if you start to fill out a check and just never finish it.
My cousin actually had something like that happen! She bought a house in a new development in northern Scottsdale az. A few months later the roof tiles started blowing off. These were clay tiles. They hurt when they hit you and can do a lot of property damage. It's like a brick. Turns out the contractor didn't know to soak the tiles in water before affixing them. The mortor or whatever dried out immediately and did not adhere. She was lucky they were trying to build and sell new units all around her. She threatened to make a stink in the news which would cost them millions in potential sales so they had to strip and reroof her giant house.
Perhaps it depends if you're in Michigan and you're filing taxes on behalf of your garage business, outside of those parameters it may fall under a different statute.
Many years ago I went to Target (back in the day when they had a garage service) to buy tires. After completion back at home my dad was inspecting the new tires he noticed two missing lugnuts, the rest loose. We loaded up, went back to Target, pointed out the problem. The store manager was summoned, he explained they don't carry lugnuts., followed by the manager driving to the local auto parts store, bought lugnuts and the tire was correctly secured. The young man that installed tires was fired on the spot. Ass chewings all around from dad. No courts involved.
@@gregorysampson8759 Boo hoo! A kid this stupid and/or lazy deserves to be fired. A person's life was on the line! This was no "honest mistake;" it was pure NEGLIGENCE!
Years ago, i had my 1966 ford f100 tire repaid at a local tire shop. They repaired the tire and installed it back on the truck. When i got home, i noticed that they installed the lug nuts with the tapered side facing out. I drove back to this tire shop, called out the Manager, and asked him "can you see a problem with this wheel" he didn't see it, then i showed him the problem with the lug nuts, they had his employee turn the nuts to be installed correctly. Never would ever use that company again, and spred to all, "don't use that shop for any reason, they don't know what they are doing"
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There were 2 errors. 1. The lug nuts were installed backwards by the shop. 2. Ford engineered fasteners that could be installed incorrectly.
The bit about oil changes reminds me of the time my dad and I were changing the oil in my '90 Plymouth Horizon and forgot to put the plug back in. Poured a lot of oil in (and then straight into the drain pan) before we realized.
This also happened to Jeff Foxworthy, he called out the sears tire center on colonial road in Orlando at every show for about a year before they paid up
Ron white tells that story and says he's going to tell that joke every night until the lawsuit is settled. If fell off ! The tire fell the **** off! No judge needed.
After getting new tires and wheels installed on his truck, my friend wasdriving home a rear wheel passed him. He thought that's odd, then his truck's rear-end hit the Pavement. This was in a different state but the tire shop denied doing anything wrong.
Had that happen to me. Lost 2 tires. After trying get them to repair all components which they refused, I typed up a lawsuit to file went to business and spoke with manager and supervisor. They kept balking and I reached into my briefcase and pulled out a copy of pending filing which included 1 million punitive damages. Changed their tune real fast. $2000 damages repaired real fast🤣. Plus rental car and $ 2500 for loss of use . Guess they thought that was cheaper.
All work performed on a vehicle either under warranty or customer pay has a labor operation number code that corresponds to repair manual procedures for the necessary repair or maintenance of a vehicle. The books are very thorough in the description of codes and labor for completion of the jobs performed.
I do my own service work at a DIY garage in Georgia and they won't let me torque my own lugnuts(they must do it). Presumably, this is because they don't want the LIABILITY!
sounds like one of those shitty run -blue- red states :D moral of the story: this what you get with CONservative judges who like to trifle over the definition of one word to set a legal precedence that favors big business and give the middle finger to consumers.
@@phiksit Your postulations don't match the facts. It's Liberal judges who make up law from the bench, twisting and distorting not only the Rule of Law, but twisting it towards Depravity and Ignorance. Conservative judges tend to follow the Law as written.
A customer has reasonable expectations that since the lug nuts were tight before the tire rotation and needed to be loosened to complete the job, that they would be re-tightened before the vehicle was returned to the customer.
Then think about all the crony judges McClownell pushed through in the senate. No wonder our country is going to hell. Judges face very little scrutiny or accountability.
I actually worked as a mechanic at a Chevrolet dealership in Arizona. The New Chevys always needed all of the chassis and suspension nuts and bolts, including the wheel lug nuts, tightened up as part of the "customer get ready" procedure. Many were loose from the factory.
Crazy lug nut joke: A guy gets a flat outside an insane asylum. While changing the flat all the lug nuts roll into the sewer. The man starts cursing at himself and yelling, "What am I going to do now?" A patient from the asylum, who was watching from the fence, yells out, "Take 1 lug nut off the other wheels. It will get you home." The guy is astonished by this brilliant idea, says to the patient, "Why are you in there?" The patient responds, "Look buddy, I'm crazy, not stupid!"
Reminds me of a judge here in Florida. He threw out all the tickets, given to drivers who turned right on red without stopping. His logic, was the law stated you can go when it is safe to do so, but no definition of what constitutes safe. He completely ignored the part of the law that stated you can turn right on red, after coming to a complete stop. Then turning when it is safe to do so.
@@phiksit You're aware Republicans drafted and voted the MVSRA into law in the first place, right? And how it was signed into law by Republican Governor William Milliken?
@@amanofmanyparts9120 Because even "shall not be infringed" and "the right of the people" still isn't clear enough for the laughing stock that is our modern judiciary.
Eg: Dr didn't put in the donor kidney/ heart, or didn't sew up the guy's incision. "Well, I performed the surgery, just like the my tires were rotated".
Great time to go up to Michigan as a mechanic, "yeah a new set of tires will be $1,000, thank you for the payment ma'am", goes over to the car, kicks tires, well thats what I call a job started...
Opens the floodgates on shoddy everything. If performing to them means to start only. Then anyone could start a task not finish it and still demand payment. P.S. Don't let the kids hear this. For if they do parents could be in for a fight.
It also opens the gates for anyone injured by another driver...That then claims "mechanical failure", as their excuse for texting while driving...A defense attorney could have a FIELD DAY with this "ruling"...Get a shade tree mechanic to issue a "performance" repair, that states they never actually finished the repair= Case dismissed! "Killed someone texting while driving? "Your mechanic was only lawfully required to START the repairs, that failed while you were driving..." Better call Saul!
Any manual or training for tire removal and replacement would include the instructions fully tighten the lug nuts to the manufacturer specified torque.
Ron White has a bit about how the guy at Sears Auto Center was apparently absent (from Tire College) on Lug Nut Day so that the tire on his van FELL THE FRICK OFF as he pulled out of the parking lot. Party at Ron White's Big Ol' Frickin' Building (formerly Sears Tower) after the conclusion of the lawsuit. 🤣
That happened to me one time, not the wheel falling off, but forgetting to tighten the nuts. I realized it almost immediately, pulled back. They put the car up on the lift again, pulled all the wheels and examined all the nuts for damage. Was just a mistake, but dealership was extremely responsive and took care of it immediately, no questions asked
Thanks to the Michigan Supreme Court a mechanic can fail to tighten the lug nuts on a school bus, causing it to roll over, kill all of the kids in the bus, and the person in the Prius that it crushes when it rolls, and the mechanic won't be one bit liable because he "did the work" and based on the ruling it is now incumbent on each and every motor vehicle owner in Michigan to become an expert in repairing their automobile to fully inspect all work performed by mechanics. If you guys don't have a recall for your justices, it's time that one be made.
When overhauling the engine, the mechanic threaded all of the connecting rod cap nuts on but didn't torque them. When the engine threw the first rod through the side of the block, the shop wasn't liable as the mechanic performed.
Performance = beginning but not finishing. So I am going to sign a contract with an Appeals Judge to replace a driveway for $10,000. I am going to break up the old driveway and dump a bag of concrete. Since I started it, I finished it.
About 25 years ago in Idaho, the state Supreme Court ruled that a person who had gone in through an open window had not "broken and entered" a vehicle. One of the narrowest readings of the law I've ever seen. The state legislature had to amend the law to make sure that people who steal stuff out of cars they didn't own could be convicted. Craziness...
Wonder what happens when a Michigan Supreme Court Judge gets their car serviced, and 10 miles down the road the sump plug drops out, all the oil goes, and the engine seizes. Job was performed! Case law supports!
Steve, how different is this case different than when you bring your car to a shop for an A/C repair or a transmission fix and when you get the car you still pay for the repairs and parts. Yet If you aren’t satisfied with the results your only recourse is to bring the vehicle back for repairs again. Sure it’s not life or death but in each task whether rotating tires or repairing A/C or fixing a transmission you still run the risk of the repair being completed but not fixed completely either through mistake or inaccurate diagnosis. Thanks for your time. I love your channel!
When I was young and dumb and didn't check my tires after my own tire rotation, the same exact thing almost happened to me, but I felt something odd and stopped just in time. It was an important lesson learned...when your life is at stake, don't trust others to do the job right without checking their work.
That ruling is ridiculous. They need to change the law. Do the work means completed . A community standard is the lug nuts are tightened, torqued to specs.
"No, they started the job..." Ok: *loosened 1 lug nut- give us $1000, we did the job* How insane is that? Now someone has to be the martyr- Be the one to remove the lug nut, demand payment stating the job has been done, and FORCE the law change.
Imagine a judge who does not give a damn about context of a single word. Moral of the story, do not take your ailing car to a Michigan car service center. Take it out of state for repairs and let all those Michigan car businesses starve into receivership.
I worked at a small independent tire dealer from 1982- 1990. Before I started working there they had an incident of a customers wheel falling off and the man died. It was a hot summer day. The man came in for four new tires. The car was on a lift and up to four employees were working together to mount ,balance, install the tires. Someone put a wheel on and hand tighten the lugs. The next person thought they had been tighten with an airgun and put the hubcap on. The man left and a few miles from the shop the wheel came off. This man had a heart condition. He picked up the wheel and tire and carried it back to the shop. He collapsed on the front doorstep having a heart attack. The one owner gave the man CPR but he later died at the hospital. The man's family sued and the company was found to be liable so their insurance covered this incident. Yes it was really dumb that a man with a heart condition would carry a heavy wheel and tire for a couple miles on a summer day. Ultimately it was decided had the tire store not caused the man's wheel to fall off he would have still been alive. They contributed to his death. This was long before cell phones. He would have had to find a house and ask to use a phone. Not sure if he was capable of just walking a couple miles let alone carrying something heavy on a hot summer day.
thanks - very clearly presented - is there no recourse when the state supreme court proves itself to be incompetent/ in error? the supreme court, the president?
I’m in aviation maintenance. When I sign my name saying I did a job to a specific instruction set (In Accordance With (IAW) / Reference to) and anything happens to that aircraft and the NTSB/FAA goes through the records and see I said I did something and that something caused an “incident”, and if I didn’t do what I said I did, I can get my license taken away/jail time/fines. How can they say they completed the job without completing the job and not get in trouble?
The Judges read part of the Statute. They performed their jobs.
Case closed.
I spit up my coffee when I read this...
Yeah the first word
@@PaulDillinger me too!
Nicely done, sir.
Well done.
Three judges go in for heart surgery, the doctor installed the heart and left, all three passed away.
Per the judges ruling the doctors have preformed their job. We now have an opening for three new appeal judges!
to be fair, this surgeon would have done a good job by having them killed
Subject/verb agreement matters sometimes.
,🤣😆
Hey I installed the heart, what.. you want me to close them up, too? We never discussed that! Sux to be them, I'm already clocked out.
Lol
The Supremes and the Appeals “performed” their job. I hope the wheels fall off their careers.
They adjudicated on the pleadings of the original case, they are not required to look for relief elsewhere. I believe Steve is accurate in wondering if that case was originally pleaded correctly, using the correct statute.
Wonder what would happen if one of their wheels fell off now.
@@shaunmark1 They would hire Steve. lol
~~Baby, Baby, Baby, where did our law go?~~
@@suzannecb162 Dianna Loss & the Supremes?
Man gets fired for non performance at work.
Man sues ex-employer, stating he started every single task he was asked to perform.
We as a country need to start being able to hold these judges accountable because they hold us accountable for everything
Got a rope? After all when your actions cause contempt for the system you are giving Aid to the enemies of the system. Last I checked giving Aid and comfort to the enemy was an act of treason. Capital felony treason!
Judges are accountable if people weren't so dumb and yes too busy to care that much. """ Justices and judges in the Michigan court system must run for election. All are elected on the non-partisan ballot. Trial court and Court of Appeals judges serve 6-year terms. Michigan Supreme Court justices run for 8-year terms.""""
The law isn't that fair, we all know that, the rich and corps as always have mostly ruined it. Steve is part of this system and rarely speaks up .
Thats whywe have 2a
We get these business biased Supreme Court judges because we elected the politicians that appointed them. Thats on us. Look at the US Supreme Court. Same issue. It’s government by and for the wealthy political contributors. Google “Citizens United” if you’re still in doubt.
i’m a technician, my shop has me tighten the lug nuts to spec, sign my name to the paperwork, along with my employee number, my boss then goes around and double checks the torque, and also signs his name and number. We also have a torque tester we use daily that we sign off on to ensure our torque wrenches are to spec within +-2 ft lbs, and more or less and the torque wrench is no good and you’ll be liable for any issues with the lug nuts and anything else you use it on. Any instructional video or paper telling you how to do a tire rotation will tell you to to tighten the lug nuts to the manufacturers specifications, that is part of the service, they presumably came in correctly tightened, so they must leave tightened as well
Bravo! All safety-critical systems demand sufficiently redundant, rigorous, and consistent QA/QC, increasing testing and measurement with increasing risk to lives and property. The point being that performing each check multiple times catches errors and omissions that would be catastrophic if there were scheduled only once and missed.
This is how any competent shop would do it, or even a competent mechanic.
I doubt the judges would like their heart transplants performed according to this standard.
Your honour, I wasn't stabbing him, I was performing an amateur uninvited heart surgery that wasn't completed.
Amen
you are assuming judges actually have that organ
You would need to assume those judges had a heart in the first place.
Genius.
True Quote: "I performed well in my bar exam, i only completed 50% of the test. And i passed, got a job, and eventually got a posting on the Supreme court of Michigan. Where i only need to perform 50% percent of the time to get paid." Statement from Judge Half-right
Probably half-true
I heard they are a half-wit
@@SinSpawn9000
Like the governor...
🤣🤣🤣🤣eggzellent eggzellent!
You exceeded the expectations of the Bar. You already were qualified when you sat down and picked up the pen to write the exam
I just want to note, this case was Samuel Anaya v. *Betten Chevrolet Inc.* , and that *Betten Chevrolet Inc.* is the corporate entity that operates the *Betten Baker Chevrolet dealership in Muskegon.* Instead of calling it the "Insane Lugnut Case" I think we should call it the *Betten Baker Chevrolet of Muskegon Lugnut Case* ... just a thought.
Wait a minute, you can clearly see a conflict of interest. How can they be released of liability, errors of omissions, and revocation of their certifications under this claim? All of which are mandatory in order to be operating under the terms "Dealershit"
I'm bettin that betten thought their lawyer team was going to betten down the nuts😳🤣😂
“the law is an ass.” - attributed to Dickens
Surgeon walks in “alright judge, we’re about to perform a simple operation, just be calm.”
Judge clinging to dictionary. “Oh no.”
This is wild. I get my tires done at Costco. I have a buddy who used to work in the tire center and had been there for years. Even then he still wasn't authorized to do the final torque on lug nuts, only the manager could do that. Every car that leaves has it's lug nuts torqued by a manager.
I have seen that at Costco and I applaud their work. On the other hand, a big tire chain near me rotated my tires and cross threaded 3 lug nuts and studs. They obviously did not want the tires to fall off!
Lol Yea right...thats what you are told.
@@majwor3763 doubt my friend would tell me that if it wasn’t true. It’s not like he is telling me as a customer.
@@pjtruslow Well i'm a 38+ year master auto tech that owned and operated my OWN shop for 23 years before I retired...I was a small independent 4 bay shop that did most any kind of repairs and servicing and I can tell you hundreds of horror stories that my customers have told me from these repair shop parts hangers and tire service centers. I was only word of mouth and my customers never left me because of the service they received from my shop. I lived the horror stories from a lot of rotten so called mechanics.
I once stayed in a hotel in a resort I shan't name. There was a large sign at reception stating that all the water served in the hotel had been passed by the manager.
As Ron White would say: "They sent this guy to Tire College for three days but apparently he was sick on lugnut day.."
Did you see his Rogan interview...? Dude is a BEAST! Downed half a fifth of whiskey WHILE smoking a HUGE blunt...DURING the interview...! "If I'm gone more than 6 hours, my wife starts dialing up random hospitals, and Police stations..." He wasn't joking!
But he performed for those 3 days therefore becomes a completed mechanic performance equals completion according to the judges
👍👍👍👍👍
So I rotated the tires, and used the impact wrench on 3 tires then fred said hey dude lets get high so we did and i came back and pulled the car out and went on to the next car.
I wonder who in the court has a special interest in the dealership?
I guarantee that at least one of those judges are driving a car from that dealership. ................... At least we know their lug nuts are loose.
That court is in *someone's* pocket.
conservative justices always = win for big business and FU to the consumer.
@@phiksit You are probably right but I’m not convinced an auto repair shop necessarily qualifies as ‘big business’. Sounds more like outright conflict of interest type of corruption IMO.
Just more proof we need complete judicial reforms and to replace most judges.
Wait till it happens to one of their cars, or their kids car. It wouldn't even make it to court because the mechanic would hear theyre a judge and settle.
Lifetime appointments at any level are insane for this very reason!
If the law is imperfect the ruling is too. This is all in State Court I believe. State Courts are very mehh.
Qualified immunity allows judges, cops and other government employees to commit crimes and act in an irresponsible manner without any accountability. Time to end qualified immunity and many of these problems will go away.
The entire system needs torn down and rebuilt police and judges should not have qualified immunity we are seeing the outcomes of that as time goes on and any time they screw up it should come out of they’re own pockets not the tax payers
When I was studying law, the first case that exposed me to the concept of "The Fix is In!" was Cuthbert v. City of Philadelphia, 417 Pa. 610, 209 A.2d 261 (Pa. 1965) in which Ms. Cuthbert, while crossing a City street, got her foot caught in a hidden hole below a street car track, and suffered broken bones and other severe injuries when she fell down, her foot still trapped. A jury brought in a verdict in her favor. A majority of the Pennsylvania Supreme Court overturned the jury verdict, basically saying that pedestrians in Philadelphia could never win such cases.
Justice Musmanno, in an eloquent, stinging dissent, explained the far reaching effect of this amazing ruling, using the following language in part of his dissent:
"But the majority says that there were other possibilities for her injuries. And one has to admit that there were. A thunderbolt may have fallen from the skies and struck her. An enemy may have thrown a hand grenade at her as she was crossing the street. Her bones may have been as brittle as match sticks and they all snapped at the crucial moment. Anything is possible in this possible world, but the world moves not on possibilities but on probabilities, on likelihoods, and on conclusions built on facts. Every fact in this case, every inference, every application of logic, every rule of cause and effect establish, not only by a preponderance of evidence, but by irrefuted and irrefutable evidence that Mrs. Cuthbert was hurt because of falling into the defect which the City and the Traction Company inexcusably allowed to exist for two years."
A Google search using the citation above will lead you to this amazing case, comparable in its idiocy to the Michigan lugnut case.
Thanks!
Sounds like the Philthadelphia I have come to know and revile
@@robertwilber1909They're only saying that because it's true. Haha
Philly...nasty
@@feellucky271 ...you mean compared to NYC, Seattle, Chicago and Cleveland? 🤣🤣🤣
Oh, that is an amazing dissent.
Googling "Musmanno matchsticks" will get you the right case. 😂
As a mechanic for 40 years, I was taught loooong ago to put the torque wrench on the drivers seat BEFORE you rack the car on the hoist and begin tire work. Hard to drive out without a reminder in your as...
It would only work for me
My luck I would find that torque wrench on my bench and get a phone call.......any minute now.
It's a great trick. I use it for other things, like remembering to take my blood pressure medications.
Can my girlfriend sue me because, even though I "performed", SHE didn't finish ?? Asking for a friend. swear.
HA HA HA HA 😂 🤣 😆
Ha ha ha ha ha ha
Sounds legit
No that just says your lousy in bed Lol
@@timbeach2409 "you're" At least I'm not lousy at grammar.
This is a perverse ruling. I hope someone 'performs' such repairs on the Judges' vehicles.
I think all the sitting judges of both the appeals and Supreme Court in Michigan should be required to have their vehicles serviced by that shop and that shop only. I sincerely hope that they get a lot of "performed" jobs... this also may spill over into employment cases where companies say people didn't perform their duties. Hmmm since those judges are being absurd already, the state and municipalities could save so much money having their police, fire and ems walk out to their vehicle, climb in, start it, turn it off and go back to what they were doing, since they performed their duties, certainly if an address is flagged in the system to be one of theirs.
Steve, How can the courts look to the dictionary for definitions but not look to the manufacturer procedure when making a decision if the work was completed. Manufacturer ALWAYS states a torque specifications. I think the courts have performance issues.
No no, they performed. But they did not complete 😉
Or was the definition rewritten to meet an objective?
" They worky too hard , the court need rest " . Hopsing from Bonanza . Mabey they need a nap .
The statute requires completion therefore they did not perform.
@@williamsanders6092 When ya pay before the job is finished the job is finished.
When they refer to performing repairs, the steps would be outlined in a repair manual. The torque spec for tightening the lug nuts would be listed in those steps.
And at no times are they allowed to bypass, remove or render ineffective any safety equipment and you can call me stupid but I think not tightening the lug nuts qualifies as bypassing safety equipment seeing you can not drive the car safely with loose lug nuts. So yea there's that as well.
They should have had Mona Lisa Vito testify. She would have brought these points up. Open and shut.
Well see the problem is according to these idiots perform only means begin.
So is that step one tightening them? No well then did they do step one?
Still no? Well did they open the book to the page that talks about how one might go about starting to change the tire.
Cause apparently if I open the book, I started changing it and that's performance enough.
Yes, and those torque values ARE listed.
This
I got my oil changed the day before driving 300 miles to my GRANDMOTHER'S MEMORIAL. When my two children and I went to my car, there was a pool of motor oil under it. The tech forgot to replace the washer before refilling the oil. The mechanic got really lucky that nothing happened after such a long trip. They paid for the new oil change and refunded me. Negligence is so frustrating.
Someone needs to check the judges’ bank accounts for suspicious deposits...
Evidence of bribery or influence. I would say overwhelming evidence. The corporate pressure to remove consumer protection is large.
With no proof, just speculation on your part. Prove the bribery or influence.
@@buckhorncortez One of the reasons Judges dislike plain language law is because its makes it so easy to spot undue influence. But they know they can't be easily held accountable. In fact its damn near impossible to penetrate the politics to slap the judicial wrist. No doubt these bozo's will not be disciplined even IF bribery were proven. Your friends are safe.
@@oneshoepilot3943, again, that's a whole lot of speculation. Yes, there are corrupt judges. But unless you ARE one, you really don't know what they like and dislike. You're just assuming that "plain language law" makes it easy to spot undue influence. That's just not true. Even plain language law requires a reading of context and circumstance. For example, in this case, a wheel fell off while the vehicle was in motion and the car was damaged and someone was injured. It makes sense to claim that the mechanic didn't complete the work and is at fault. If, on the other hand, only one lug nut was not tightened down and the driver was suing over the loss of one lug nut, it would be appropriate (although not necessarily correct in the literal sense) for the court to say that they won't hear the case and that the work was "performed". The loss of a lugnut doesn't justify a claim that they violated a statute (even though they did) and it doesn't justify the mechanic being responsible for legal fees.
All they'd have to be is CONservative judges... and you KNOW their gonna side with big business no matter how stupid their ruling makes them look.
@@phiksit you and @Buckhorn Cortez have skillfully highlighted the broader issue: Not following the law as it was meant to serve the individuals whom have been harmed, but serving the court instead. Can you not understand by now that this ruling is CLEARLY influenced to serve the court’s interest above the interests of the public who are now put in harms way directly counter to the legislation as written? I will write no more on this subject in this forum. I wish you well.
20+ years ago when I was going to trade school for my career in turning wrenches, I was taught that one bad review was dozens told about it.
But a job done properly, that got no thanks.
I've tried to be perfect. Defective parts exist. Obvious symptoms with hidden root causes happen. Intermittent electrical problems absolutely suck to track down.
And I've occasionally made minor errors.
This is just inexcusable. Be proud of your work.
Think about how this might be applied to labor law. If an employee is fired for non-performance for starting a job and not finishing it...
Yeah by that rationale you could perform an oil change and leave the oil out of the car. The Court of appeals and Superemes need to get their head out of their asses.
or is it "need to get their head out of their" ASSETS!
Tire rotation: remove lug nuts, rotate tires, replace and tighten lugnuts to specified torque spec. What is there to speculate on?
The appeals judges never witnessed a tire change.
To what torque specification, the manufacturer's or a private company's? My car's torque specs are 66 ft.-lbs, yet a tire shop told me that they weren't authorized to do anything less than 80 ft.-lbs, nevermind not actually tightening them! 😅
@@tyree9055 my first car was supposed to be torqued to only 45 lb/ft. The studs would break before 60. Before you go thinking that's crazy, that car only weighed 2030lbs in total. I would show my owner's manual to shops that argued with me and tell them they were not authorized to deviate from manufacturer's specifications if they wanted to get paid.
One shop said their torque wrenches would only do 50 and above. I told them if they didn't torque my car properly, I would retorque them properly in their parking lot with my torque wrench and explain what I was doing to any of their customers who asked.
I have also left specific reviews for a couple of shops.
Needless to say, I value very highly mechanics who actually know what they're doing.
The judges speculated about where they bought *their* car and intend to buy their next one.
Spec is 100 lbs....consumer checks and it clicks at 99? Lawsuit. Clicks at 101? Lawsuit. Hope you plan to take your vehicle to another state to get repaired.....because there isn't a shop around that can meet that standard without being sued. The only people who will win is ATTORNEYS. They are butthurt because they have been making BANK on this statute in Michigan since 1974.
I think it’s time as a society that we totally start from scratch on our judicial system this is got to be the most moronic shit I’ve heard in a while
thank god in Az we can still shoot horse thieves:)
The legal system we have was designed as a replacement for trial by combat. It's well past due for a higher standard than "it's better than sword fights."
@@GamesFromSpace Trial by combat might be preferable by this point.
Once insurance companies in MI start suing the repair shops you’ll get a fist hand view of what being a special interest group can get you!
I'm from Florida and just wanted to say how refreshing it is to hear of something this crazy that happened in another state
😂in another state.
Perhaps we should aim for less idiocy in all states.
Wow! If I lived in Michigan, I could sue my former employer for my bad 'performance reviews', which cost me my job. I started everything they asked.
Only if you worked as an auto mechanic.
How did this even end up in court? The shop should have put this through their liability coverage immediately.
Their insurance probably made a $1,000 offer for the passenger’s injuries, calling it a “nuisance” claim. Yeah, well, paying claims is a nuisance to insurance companies.
Toilet defendant in this case probably isn't the shop itself, it's probably their insurer
Let me change the judges oil just once ... then they might change their minds.
Put gorilla glue in place of oil.🤔🙄😳😂😂😂😂😂😂⚓
No, just put the drain plug back and tell them that it is good to go. With no oil. See how fast they change their opinion.
@@DavidTaylor-qz8nc no, use Flex Seal instead.
@@DavidTaylor-qz8nc Sounds like you’d like to “Tessica Brown” those idiot judges. Are you suggesting someone put ‘hair gel’ in their crankcase?
Water glass
A lawyer once said to me "if you are looking for justice in a court you
are in the wrong place, what happens here is the practice of law, there
is a reason we say that."
A lawyer friend here in Stockton got a case across his desk. A guy was arrested for having a "lethal weapon" in the front seat of his car. He had just changed a flat and was in a hurry, and threw everything in the front seat. Cop pulled him over in Tracy CA for a bad taillight and arrested him. Judge eventually threw it out.
I am very happy to know about the result of this case. I had previously been unable to work as a mechanic since the directional lever on my ratchet is stuck. It only turns things counterclockwise. But thanks to this ruling I will be able to start working again.
No you still can't work, because you wouldn't have started the work. You need a wrench that ratchets at least once clockwise then can do all the rest counterclockwise.
I performed a 200k run the other day. I only got to the end of my driveway.
Outstanding! Sounds like you went farther than you needed to go, however.
I thought about doing one someday. My performance was/will be awesome!
Can’t wait for the wife of a Supreme Court Justice to lose a wheel due to this decision.
more like mistress
How quaint, you think they don't spend taxpayers money on Chauffer Driven Limos.
I once had a Front brake job done in Brantford Ontario, and went to Hamilton Ontario, spent an hour or so there, and drove back to Brantford. On the way home my steering felt funny, so I got off at the first exit for Brantford and a couple feet south of the Highway, there was a parking lot for people who did rideshare. I got out looked, and the wheel on the right side had 2 lug nuts left, and they were loose enough to remove by hand. So I phoned my friend, he came out, he took me a Canadian tire and I had to buy 5 new lug nuts. The next day I went back to the place that did the brake job and ripped them a new one
Why is nobody talking about the fact that it costs seventy thousand dollars in legal fees to win a forty thousand dollar judgment???
I'd love to be a surgeon and have one of those judges on my table. "OK, I'm making the incision. Now I'm cutting that artery. OK, I've performed the surgery. Bandage him up and get him out of here."
don't even need to bandage them up, it's already been performed. Push them out the door with their guts cut open.
That is actually considered a normal risk of surgery. You sign away your rights to sue in the fine print of permissions.
@@yadayada752 no...you accept normal risks. If a woman goes in for a c-section and develops a post op infection, can't sue. If the surgeon refuses to sew her back up, she can sue. Surgeon removes her uterus just because? She can sue. Surgeon decided to take out her appendix and leave the baby? She can sue.
One small problem: this ruling was on a motor vehicle act; not likely a surgeon would be sued using this statue. The analogy is apt, but the court applicability wouldn't hold up.
If only there were a way to convince the judge by "performing" incomplete repairs to their car in the parking lot, and ask the judge if he/she is OK and willing to drive the car home.
Best part is, by the standard that they themselves set, they would have no legal recourse.
I am reminded of my friend that works at the local university. He was telling me how the professors are so smart but they don't know how to check the oil level of their car. I am thinking these judges don't even know what a lug nut is.
Definition of an expert
A person who knows more and more about less and less until he knows absolutely everything about nothing.
Example you have someone who knows a lot about chevys, then you have smart people who know about camaros, then really smart ones that know about first generation camaros. Then you have experts that know about 67 Z28 convertibles.
Under that definition of performance, you could properly perform compliance with a subpoena by starting to gather responsive documents, but never deliver them to whoever issued the subpoena.
Though it occurs to me that payment is also a performance of obligations, if you start to fill out a check and just never finish it.
So if someone builds you a house and forgets to put a roof on it, does it mean he's done.
You put the roof on. Just use 1 nail/staple per shingle. (The smallest you can find that will catch the wood under)
@@larsharris Yeah, 1/64",
My cousin actually had something like that happen! She bought a house in a new development in northern Scottsdale az. A few months later the roof tiles started blowing off. These were clay tiles. They hurt when they hit you and can do a lot of property damage. It's like a brick. Turns out the contractor didn't know to soak the tiles in water before affixing them. The mortor or whatever dried out immediately and did not adhere. She was lucky they were trying to build and sell new units all around her. She threatened to make a stink in the news which would cost them millions in potential sales so they had to strip and reroof her giant house.
Let's see if this logic carries over to starting my taxes and not finishing them
Perhaps it depends if you're in Michigan and you're filing taxes on behalf of your garage business, outside of those parameters it may fall under a different statute.
@@sidrat2009 it was a federal act that was ruled on that makes it precedence in all states
Many years ago I went to Target (back in the day when they had a garage service) to buy tires. After completion back at home my dad was inspecting the new tires he noticed two missing lugnuts, the rest loose. We loaded up, went back to Target, pointed out the problem. The store manager was summoned, he explained they don't carry lugnuts., followed by the manager driving to the local auto parts store, bought lugnuts and the tire was correctly secured. The young man that installed tires was fired on the spot. Ass chewings all around from dad. No courts involved.
At least some people act responsibly!
Getting fired is extreme but I suppose mismanagement is why target does not have garages anymore
An honest mistake albeit unfortunate. Poor kid lost his job?
@@gregorysampson8759 Of course, that level of incompetence could have cost someone their life.
@@gregorysampson8759 Boo hoo! A kid this stupid and/or lazy deserves to be fired. A person's life was on the line! This was no "honest mistake;" it was pure NEGLIGENCE!
Years ago, i had my 1966 ford f100 tire repaid at a local tire shop. They repaired the tire and installed it back on the truck. When i got home, i noticed that they installed the lug nuts with the tapered side facing out. I drove back to this tire shop, called out the Manager, and asked him "can you see a problem with this wheel" he didn't see it, then i showed him the problem with the lug nuts, they had his employee turn the nuts to be installed correctly. Never would ever use that company again, and spred to all, "don't use that shop for any reason, they don't know what they are doing"
There were 2 errors.
1. The lug nuts were installed backwards by the shop.
2. Ford engineered fasteners that could be installed incorrectly.
The bit about oil changes reminds me of the time my dad and I were changing the oil in my '90 Plymouth Horizon and forgot to put the plug back in. Poured a lot of oil in (and then straight into the drain pan) before we realized.
This also happened to Jeff Foxworthy, he called out the sears tire center on colonial road in Orlando at every show for about a year before they paid up
Ron white tells that story and says he's going to tell that joke every night until the lawsuit is settled. If fell off ! The tire fell the **** off! No judge needed.
@@inmate666 Ron White, that's the one. I used to drive by that tire center and chuckle
After getting new tires and wheels installed on his truck, my friend wasdriving home a rear wheel passed him.
He thought that's odd, then his truck's rear-end hit the Pavement.
This was in a different state but the tire shop denied doing anything wrong.
Had that happen to me. Lost 2 tires. After trying get them to repair all components which they refused, I typed up a lawsuit to file went to business and spoke with manager and supervisor. They kept balking and I reached into my briefcase and pulled out a copy of pending filing which included 1 million punitive damages. Changed their tune real fast. $2000 damages repaired real fast🤣. Plus rental car and $ 2500 for loss of use . Guess they thought that was cheaper.
Absurd ruling! The gas stove analogy is right on.
All work performed on a vehicle either under warranty or customer pay has a labor operation number code that corresponds to repair manual procedures for the necessary repair or maintenance of a vehicle. The books are very thorough in the description of codes and labor for completion of the jobs performed.
I do my own service work at a DIY garage in Georgia and they won't let me torque my own lugnuts(they must do it). Presumably, this is because they don't want the LIABILITY!
Moral of the story here: Don't get auto work done in MI
Many of our cars are BUILT in Michigan!
@@RogerWKnight Completed?
@@otpyrcralphpierre1742, nah, the work was just performed, not necessarily completed.
sounds like one of those shitty run -blue- red states :D
moral of the story: this what you get with CONservative judges who like to trifle over the definition of one word to set a legal precedence that favors big business and give the middle finger to consumers.
@@phiksit Your postulations don't match the facts. It's Liberal judges who make up law from the bench, twisting and distorting not only the Rule of Law, but twisting it towards Depravity and Ignorance. Conservative judges tend to follow the Law as written.
A customer has reasonable expectations that since the lug nuts were tight before the tire rotation and needed to be loosened to complete the job, that they would be re-tightened before the vehicle was returned to the customer.
I can just imagine my boss coming to me and asking why I’m not working and me saying I “performed” my job already pay me
Thank you Steve for standing up. You’re the best.
The whole connotation of the Latin prefix "per" is "completely" or "thoroughly." That's why "persevere" doesn't mean to just start moving.
So hasn't the Appellate Court basically redefined the word "perform" every place that it is used in any Michigan state statute?
Why does the Pirate have a steering wheel stuck in his pants ?
RRRRRRR, It drives me nuts
You win! That’s the best pirate joke ever!
Good one Bob!
🚪👉
Hmmmm, so are these judges offices elected positions? Maybe there’s a need for some new justices?
Hopefully they have "performance" review elections like some states have.
Then think about all the crony judges McClownell pushed through in the senate. No wonder our country is going to hell. Judges face very little scrutiny or accountability.
I actually worked as a mechanic at a Chevrolet dealership in Arizona. The New Chevys always needed all of the chassis and suspension nuts and bolts, including the wheel lug nuts, tightened up as part of the "customer get ready" procedure. Many were loose from the factory.
Supreme Court is appointed but circut judges are elected
@@retiredkidbuck And then people wondered why american cars got a bad rap… ;-)
Crazy lug nut joke: A guy gets a flat outside an insane asylum. While changing the flat all the lug nuts roll into the sewer. The man starts cursing at himself and yelling, "What am I going to do now?" A patient from the asylum, who was watching from the fence, yells out, "Take 1 lug nut off the other wheels. It will get you home." The guy is astonished by this brilliant idea, says to the patient, "Why are you in there?" The patient responds, "Look buddy, I'm crazy, not stupid!"
If you live close to a neighboring state you might want to take all your vehicle repairs there instead.
I would like to volunteer to make any disparaging remarks about the courts for you so you don't get in trouble.
Should be a sign up sheet... No shortage of people to volunteer.
Reminds me of a judge here in Florida. He threw out all the tickets, given to drivers who turned right on red without stopping. His logic, was the law stated you can go when it is safe to do so, but no definition of what constitutes safe. He completely ignored the part of the law that stated you can turn right on red, after coming to a complete stop. Then turning when it is safe to do so.
The correct response when asked if you will take up such a case in the future is, "I will be happy to *perform* those legal services."
Imagine a bridge construction contactor using this approach on the interstate.
Yes, or an aircraft engineer changing the engines on Airforce One!
"Performance doesn't guarantee completion".
Tell that to my wife please.
-----------------
Petition the legislature to update the statute to define “perform” as completed. Perhaps, rewrite entirely.
their republicon legislature? ha, good luck with that. This is what you get when you let the GOP invade your state.
Why the need to rewrite a piece of legislation that is already written that way?
@@phiksit
You're aware Republicans drafted and voted the MVSRA into law in the first place, right? And how it was signed into law by Republican Governor William Milliken?
@@amanofmanyparts9120
Because even "shall not be infringed" and "the right of the people" still isn't clear enough for the laughing stock that is our modern judiciary.
@@coupledyetivonvanderburg5385 but modern Republicans aren’t really republicans.
I wonder how those judges would feel if they ever needed surgery, and their surgeon followed the same logic as this ruling
fr
Straight up!
Probably nothing. They'd be dead and deservedly so.
Eg: Dr didn't put in the donor kidney/ heart, or didn't sew up the guy's incision. "Well, I performed the surgery, just like the my tires were rotated".
Great time to go up to Michigan as a mechanic, "yeah a new set of tires will be $1,000, thank you for the payment ma'am", goes over to the car, kicks tires, well thats what I call a job started...
Opens the floodgates for shoddy vehicle repairs and outright scams. Puts everyone on the road at risk of serious injury or death.
Opens the floodgates on shoddy everything. If performing to them means to start only. Then anyone could start a task not finish it and still demand payment. P.S. Don't let the kids hear this. For if they do parents could be in for a fight.
It also opens the gates for anyone injured by another driver...That then claims "mechanical failure", as their excuse for texting while driving...A defense attorney could have a FIELD DAY with this "ruling"...Get a shade tree mechanic to issue a "performance" repair, that states they never actually finished the repair= Case dismissed!
"Killed someone texting while driving? "Your mechanic was only lawfully required to START the repairs, that failed while you were driving..." Better call Saul!
Any manual or training for tire removal and replacement would include the instructions fully tighten the lug nuts to the manufacturer specified torque.
Ron White has a bit about how the guy at Sears Auto Center was apparently absent (from Tire College) on Lug Nut Day so that the tire on his van FELL THE FRICK OFF as he pulled out of the parking lot. Party at Ron White's Big Ol' Frickin' Building (formerly Sears Tower) after the conclusion of the lawsuit. 🤣
I hope my girlfriend does not adopt this abbreviated definition of "perform."
I'd probably lose on appeal as well.
@@KlodFather That's "Briffault's Appended Law"...
That happened to me one time, not the wheel falling off, but forgetting to tighten the nuts. I realized it almost immediately, pulled back. They put the car up on the lift again, pulled all the wheels and examined all the nuts for damage. Was just a mistake, but dealership was extremely responsive and took care of it immediately, no questions asked
Thanks to the Michigan Supreme Court a mechanic can fail to tighten the lug nuts on a school bus, causing it to roll over, kill all of the kids in the bus, and the person in the Prius that it crushes when it rolls, and the mechanic won't be one bit liable because he "did the work" and based on the ruling it is now incumbent on each and every motor vehicle owner in Michigan to become an expert in repairing their automobile to fully inspect all work performed by mechanics. If you guys don't have a recall for your justices, it's time that one be made.
When overhauling the engine, the mechanic threaded all of the connecting rod cap nuts on but didn't torque them. When the engine threw the first rod through the side of the block, the shop wasn't liable as the mechanic performed.
This of symptomatic of our entire legal system. It is fools paradise.
Performance = beginning but not finishing. So I am going to sign a contract with an Appeals Judge to replace a driveway for $10,000. I am going to break up the old driveway and dump a bag of concrete. Since I started it, I finished it.
About 25 years ago in Idaho, the state Supreme Court ruled that a person who had gone in through an open window had not "broken and entered" a vehicle. One of the narrowest readings of the law I've ever seen. The state legislature had to amend the law to make sure that people who steal stuff out of cars they didn't own could be convicted. Craziness...
You meant a person who went through an open window. they ruled that way because they didn’t actually break anything.
Anytime a court looks up a word in the dictionary, trouble may ensue.
and more than likely are "originalists" who dust off their 200 year old dictionary to get the outcome which favors big business.
@@phiksit The problem isn't the age of the dictionary; it's that most dictionaries are not intended for jurisprudence.
@@phiksit If you don't know the make-up of the Michigan judiciary....they are the opposite of "Originalists".
Wonder what happens when a Michigan Supreme Court Judge gets their car serviced, and 10 miles down the road the sump plug drops out, all the oil goes, and the engine seizes. Job was performed! Case law supports!
That sounds like a good result to me. Especially if he ends up hitting a tree. One lawyer down.
Several years ago comic Ron White had a story about a tire falling off after instalation of 4 new tires at a Sears store. True but funny bit.
Steve, how different is this case different than when you bring your car to a shop for an A/C repair or a transmission fix and when you get the car you still pay for the repairs and parts. Yet If you aren’t satisfied with the results your only recourse is to bring the vehicle back for repairs again. Sure it’s not life or death but in each task whether rotating tires or repairing A/C or fixing a transmission you still run the risk of the repair being completed but not fixed completely either through mistake or inaccurate diagnosis. Thanks for your time. I love your channel!
When I was young and dumb and didn't check my tires after my own tire rotation, the same exact thing almost happened to me, but I felt something odd and stopped just in time. It was an important lesson learned...when your life is at stake, don't trust others to do the job right without checking their work.
That ruling is ridiculous. They need to change the law. Do the work means completed . A community standard is the lug nuts are tightened, torqued to specs.
"No, they started the job..." Ok: *loosened 1 lug nut- give us $1000, we did the job* How insane is that? Now someone has to be the martyr- Be the one to remove the lug nut, demand payment stating the job has been done, and FORCE the law change.
Imagine a judge who does not give a damn about context of a single word. Moral of the story, do not take your ailing car to a Michigan car service center. Take it out of state for repairs and let all those Michigan car businesses starve into receivership.
It's obvious that high level corruption is the only thing that makes sense here.
I worked at a small independent tire dealer from 1982- 1990. Before I started working there they had an incident of a customers wheel falling off and the man died. It was a hot summer day. The man came in for four new tires. The car was on a lift and up to four employees were working together to mount ,balance, install the tires. Someone put a wheel on and hand tighten the lugs. The next person thought they had been tighten with an airgun and put the hubcap on.
The man left and a few miles from the shop the wheel came off. This man had a heart condition. He picked up the wheel and tire and carried it back to the shop. He collapsed on the front doorstep having a heart attack. The one owner gave the man CPR but he later died at the hospital.
The man's family sued and the company was found to be liable so their insurance covered this incident. Yes it was really dumb that a man with a heart condition would carry a heavy wheel and tire for a couple miles on a summer day. Ultimately it was decided had the tire store not caused the man's wheel to fall off he would have still been alive. They contributed to his death. This was long before cell phones. He would have had to find a house and ask to use a phone. Not sure if he was capable of just walking a couple miles let alone carrying something heavy on a hot summer day.
Sad story!
So estimates I should add “and completed”. Have shop person initial it?? Would that protect me?
Pity the cars owned by these "judges" the next time they need a tire rotation. Could be nuts...
But that’s the thing, the tire shops love the judges.
Steve had you thought of a second career as a stand up comic, I laughed 3 times listening to this story.
thanks - very clearly presented - is there no recourse when the state supreme court proves itself to be incompetent/ in error? the supreme court, the president?
Insane . I wonder how much money the automotor industry donates to get this sort of judgement 👀👀👀👀👀👀
I’m in aviation maintenance. When I sign my name saying I did a job to a specific instruction set (In Accordance With (IAW) / Reference to) and anything happens to that aircraft and the NTSB/FAA goes through the records and see I said I did something and that something caused an “incident”, and if I didn’t do what I said I did, I can get my license taken away/jail time/fines.
How can they say they completed the job without completing the job and not get in trouble?
Well Michigan has a history of this type of judicial behavior.
This is akin to coming to work, punching in and sitting around all day. I "performed" the act of coming to work I don't actually need to work.
Every time I had a tire rotation or change the form I was given stated that the lug nuts were tightened to proper specifications.
Great report Steve. I guess the courts haven't come to there senses yet on this case.