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{\an8}I got kicked in the head by a horse.
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I'm out of work.
They said I have a cognitive deficit.
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"She had horses that were unsound.
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Her young horses were jumping and running
in paddocks with huge boulders.
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It was unsettling."
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You understand what I'm saying.
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[narrator] This is Judy Justice.
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[theme music playing]
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{\an8}Diane Depenbrok is suing
horse breeder, Jessica Austin,
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for the deposit on a horse.
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[bailiff] Court, come to order. All rise.
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Have a seat, please.
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- Hello, Judge.
- How are you, Kevin?
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Case 2136, Depenbrok versus Austin.
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- Thank you.
- You're welcome.
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- Depenbrok.
- [Diane] Yes.
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[Judy] You bought a foal,
which is a baby horse,
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in utero, which means
that the horse had not yet had this foal.
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{\an8}But you wanted to place an order for it.
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- And Ms. Austin is in that business.
- Correct.
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You entered into a contract.
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By the way,
what is the gestation period of a horse?
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Roughly 340 days.
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And at what period
in the horse's pregnancy
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did you enter into this contract
with the Plaintiff?
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{\an8}Roughly three and a half months
into the gestation.
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{\an8}[Judy] Okay.
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- Did you have a written contract?
- Yes, Your Honor.
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[Judy] I'd like to take a look at it
because this is a contract action,
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and it is your claim
that you made a substantial deposit,
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over $3,000, for the horse,
that, when the horse was born,
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it did not meet the specifications
of this contract,
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you wanted your money back.
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- The defendant says that's not true.
- Correct.
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[Judy] That the horse did meet
all the requirements of this contract.
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The one specifically
that you're referring to
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is something in this contract,
which I will read,
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I assume, that says
that the horse must be, once born,
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insurable within the first two days
or 48 hours of its birth.
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And that this horse was not insurable
within 48 hours,
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and therefore, you decided
to terminate the contract.
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- That's your position.
- Yes, Your Honor, I request...
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[Judy] And it's your position
that the horse was, in fact, insurable.
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That you can prove that because you did,
in fact, get insurance on the horse
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within 48 hours
of the horse's birth, and...
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- [Jessica] So... Part of that...
- No, no, no. Don't...
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[Judy] Your position is
you met the conditions of the contract.
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- Yes.
- Okay.
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Okay. "The deposit for 25%
of the purchase price.
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The seller agrees
to hold the foal off-market
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exclusively for the buyer
until the foal reaches 48 hours old
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and is deemed insurable."
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Well, does that mean
the foal is taken from the mother?
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- And transferred?
- No.
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[Judy] So, the foal stays with the mother
until it's how old?
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{\an8}I choose to wean at six months
because they seem to be better adjusted
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if you wait until that period.
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Okay. And it's
not that you can't get insurance.
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It's that "a live, healthy foal is defined
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as a foal that is deemed insurable
at 48 hours old.
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And if the mare fails to produce
a live, healthy foal,
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then the buyer may request a refund
of the deposit
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or a credit towards another purchase."
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Okay, so the foal was born when?
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June 9th, 2022
at roughly 5:30 in the morning.
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- Okay. Your case, your proof.
- [Diane] Okay.
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{\an8}So, I had to find out the foal was born
through Facebook.
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{\an8}- [Judy] Okay. Whatever.
- She never notified me.
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And then, I went to see the foal
when it was a day old, on Thursday.
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- One day old?
- [Diane] I mean... Well...
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Not even. 12 hours old, basically.
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Okay, so it was not a day old.
It was 12 hours old.
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Correct. I'm sorry. 12 hours old.
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June 10th, she told me
the vet would be out at 9:30 a.m.
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to do the routine foal exam,
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and I requested
to be notified of the results.
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Just tell me about the contract.
The foal is born alive and is how old now?
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She turned five months old
on the 9th of this month.
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- Have pictures of her?
- [Jessica] I do!
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[Judy] I'd like to see.
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- Oh, she's beautiful.
- [Jessica] Thank you.
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- [Judy] Have you seen her?
- I have.
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- [Judy] Recently?
- [Diane] No.
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[Judy] Would you show the Plaintiff
these photographs?
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[bailiff] Yes.
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Looks perfectly healthy to me.
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- I couldn't get insurance when...
- [Judy] Just a sec.
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Looks perfectly healthy to me.
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And I'm not an expert, but...
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You would say that that horse
looks pretty healthy.
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- Yes.
- [Judy] Okay. Great.
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So, now the horse is 12 hours old,
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{\an8}and tell me the rest.
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{\an8}So, at 48 hours old,
I had submitted the vet report
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{\an8}to eight insurance companies,
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and they all declined
to insure the animal.
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[Judy] Just a sec.
You submitted what report?
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Let me see the report.
And let me see what you received.
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Okay.
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[Judy] Did you furnish her
with a report within 48 hours?
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I furnished her with what the vet gave me.
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- He did the vet exam at 24 hours old.
- This is the vet report.
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But he had to draw blood
and send it to a lab.
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- Okay. Just let me... Shh.
- [Jessica] And wait for that...
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[Judy] This first thing
is dated June 12th, 2022,
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and this laboratory
is sending the report to you,
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and it seems that they put the horse
on a course of antibiotics initially
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for one day
because something came back high,
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but it says, "I do not believe all foals
should automatically get antibiotics,
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however, I stand by our decision to treat
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what turned out to be
a completely normal and healthy foal.
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We can pull follow-up labs to be sure,
but her behavior since the blood sample
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backs up the lab results."
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"Her behavior since the blood samples."
What does that mean?
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So, for a foal to be considered
"doing well behaviorally," it needs...
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- What are you a doctor of, first of...
- [Jessica] People. Internal medicine.
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- [Judy] Okay.
- For people.
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- I brought a witness veterinarian.
- [Judy] You're the vet.
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[Judy] Okay.
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So now, I have these test results
which I don't understand,
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and I'd like to see your reports
from the insurance companies.
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{\an8}How long was the foal on antibiotics?
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{\an8}She received two doses.
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One the day the vet came out
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and then one the following morning
before he got the blood test results back.
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- When the blood test results came back...
- They were normal.
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- [Judy] They were normal?
- Yes.
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He said, "Don't give any more antibiotics.
She does not need them."
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And this report that you have...
from one insurance company...
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- Or from, actually, all of them...
- Correct.
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...say, "Underwriters have declined
to provide coverage at this time
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and will reassess
when the foal is off antibiotics."
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Well, the foal was off antibiotics
within two days.
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Mrs. Austin told me she was on antibiotics
for three days, actually...
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Well, either two or three days,
but then the results came back normal.
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The insurance companies,
each will wait a certain amount of days.
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So, that particular one
wanted to wait seven days
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to reassess
after the foal had been off antibiotics.
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A few of the companies were 30 days.
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And I think one was 14 days.
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[Judy] But that doesn't matter.
All you need is one.
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I was taking a risk
having an animal that's uninsured,
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and I wasn't ready to...
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This is problematic for me.
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Because if I put a deposit down
on something that I really wanted,
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and within two or three days,
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any question with regard to whether or not
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the animal was insurable or healthy,
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if my intention was to honor the contract,
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I would say, "Let's see if the results
are normal or abnormal."
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Now, the results came back
that the foal was perfectly healthy.
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So, unless you had,
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in my view, something preconceived
that you wanted out of this deal
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for some reason other than insurability,
it's your horse.
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I signed the contract based on the fact
that she could be insured.
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The year before,
I purchased another in utero,
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and that foal was insured at 24 hours old
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and with the same type of contract.
I wasn't...
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[Judy] Well, that's all right.
You understand what I'm saying.
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- I understand, but I...
- [Judy] You understand?
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Because my problem is,
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"After I made the deposit,"
according to you,
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"some things came to my attention
that gave me anxiety."
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This is before the foal was even born.
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"I learned about several
of the Plaintiff's horses
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that had to be put down.
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She had horses that were unsound,
lame, and missing eyes.
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Her young horses were jumping and running
in paddocks with huge boulders.
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I also found out
that she tried to sell the mare
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that was pregnant with my foal
to a friend of mine.
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It was unsettling."
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- Correct.
- [Judy] Right, so...
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I'm trying to just put this
in chronological order for myself
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to understand whether there was
a true breach of this contract.
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{\an8}You have a counterclaim.
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{\an8}- Yes, Your Honor.
- [Judy] For what?
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{\an8}When I originally got the notification
from the court,
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{\an8}I got kicked in the head by a horse
on July 4th.
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{\an8}And they had done testing.
I'm out of work.
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{\an8}They said I have a cognitive deficit...
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{\an8}What does that have to do
with what you want?
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{\an8}[narrator] Later...
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{\an8}So, this is a picture of the car
before he painted it?
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{\an8}No, ma'am. That's after.
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{\an8}- Oh, doesn't look bad.
- From afar.
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{\an8}Listen. When you're born in 1964,
everything looks better from afar.
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{\an8}[laughter]
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[theme music playing]
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{\an8}[narrator] Diane Depenbrok
is suing horse breeder, Jessica Austin,
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for the deposit on a horse.
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Jessica is countersuing
for breach of contract.
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- [Judy] The foal is born on June 9th?
- Correct.
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Was given a dose of antibiotics
on the 10th of June,
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{\an8}because they were suspicious of something
before the blood was drawn?
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{\an8}Correct.
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{\an8}Given another dose of antibiotics
in the morning of the 11th.
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{\an8}- [Jessica] Correct.
- The blood results come back on the 12th.
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Which indicates
that the horse was totally normal.
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And you advised her. Correct?
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I immediately forwarded the email
to her, correct.
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[Judy] Okay. Now the foal is 50 hours old,
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and you're told
that the foal is totally healthy.
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I'm not sure that I'm comfortable
with your position
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that there was a material breach
of this contract.
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I think that a perfectly healthy horse
was born,
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and it was
within a reasonable period of time...
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May not have been 48 hours,
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but they were being very cautious
in starting the course of antibiotics.
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You're the vet. Stand up and tell me
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{\an8}if I'm not seeing something.
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{\an8}The vet who saw the horse... Was that you?
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- Um, it was not.
- [Judy] Okay.
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...evidently decided that,
to be very cautious,
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they would await
the blood test result on the horse.
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- On the baby.
- Mm-hmm.
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And start a course of antibiotics
that could be stopped
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if the blood tests came back normal.
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- Which they did.
- Correct.
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[Judy] Within a day.
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No, I don't think
there's been a material breach
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of this contract by the Defendant.
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I think that you're obligated.
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If she wanted specific performance,
that's fine,
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but you're not entitled
to your deposit back.
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{\an8}[Diane] I have an email
from the insurance company from the 21st
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{\an8}when she finally told me
the foal was insured.
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{\an8}- [Judy] Just a second.
- I can't take that risk for two weeks...
228
00:11:45,200 --> 00:11:47,166
- No, no.
- ...on an animal I can't get insured.
229
00:11:47,166 --> 00:11:49,867
[Judy] But your problem is,
it wasn't two weeks.
230
00:11:49,867 --> 00:11:52,500
Your problem was it was less than a day.
231
00:11:52,500 --> 00:11:58,166
Adding it on to that 48-hour period.
And I have to determine
232
00:11:58,166 --> 00:12:00,834
whether that was a material breach
of the contract.
233
00:12:00,834 --> 00:12:03,934
Certainly, if the lab results came back
234
00:12:03,934 --> 00:12:06,700
that show that there was any deficiency
in the horse,
235
00:12:06,700 --> 00:12:09,200
I'd say, "Absolutely.
You're entitled to your deposit back."
236
00:12:09,200 --> 00:12:11,467
But they did not.
They came back and they said
237
00:12:11,467 --> 00:12:16,166
that a vet wanted to be very cautious,
but the vet turned out to be wrong.
238
00:12:16,166 --> 00:12:18,400
My contract didn't state anything
about a vet.
239
00:12:18,400 --> 00:12:20,300
[Judy] I'm telling you, I don't find
240
00:12:20,300 --> 00:12:23,600
that one day was a material breach
of the contract
241
00:12:23,600 --> 00:12:26,900
because if you had then, on the third day,
242
00:12:26,900 --> 00:12:30,867
sent the normal blood test results
out to the same insurance company,
243
00:12:30,867 --> 00:12:33,734
the insurance company would've found
that the horse was insurable.
244
00:12:33,734 --> 00:12:36,133
They wouldn't
because they wanted to wait seven days
245
00:12:36,133 --> 00:12:38,266
until the horse was off antibiotics.
246
00:12:38,266 --> 00:12:41,066
Then you wait seven days.
That's still not a material breach.
247
00:12:41,066 --> 00:12:43,266
She's not asking you
for the rest of the money.
248
00:12:43,266 --> 00:12:45,266
So, if something happened
in those two weeks,
249
00:12:45,266 --> 00:12:47,266
I would've been out $9,000.
250
00:12:47,266 --> 00:12:49,734
- That is not accurate.
- [Judy] Just a second. You were not.
251
00:12:49,734 --> 00:12:53,500
You weren't going to take the horse
until the horse was six months old.
252
00:12:53,500 --> 00:12:57,066
I wasn't going to take the horse
if it wasn't... if it couldn't be insured.
253
00:12:57,066 --> 00:13:00,433
Well, it could be insured.
It turned out that the vet was cautious
254
00:13:00,433 --> 00:13:01,500
and you were wrong.
255
00:13:01,500 --> 00:13:04,133
And I believe
that you'd already made a decision.
256
00:13:04,133 --> 00:13:05,600
I had not made a decision.
257
00:13:05,600 --> 00:13:07,200
[Judy] I find there's not
a material breach.
258
00:13:07,200 --> 00:13:08,867
You don't get your deposit back.
259
00:13:08,867 --> 00:13:11,767
{\an8}Now, the horse is yours.
You have a counterclaim.
260
00:13:11,767 --> 00:13:13,166
{\an8}- Yes, Your Honor.
- [Judy] For what?
261
00:13:13,166 --> 00:13:18,133
$1,500 for my lawyer costs
and another $100 to file the counterclaim.
262
00:13:18,133 --> 00:13:19,934
For your lawyer's costs for what?
263
00:13:19,934 --> 00:13:23,033
When I originally got
the notification from the court,
264
00:13:23,033 --> 00:13:25,633
I got kicked in the head by a horse
on July 4th.
265
00:13:25,633 --> 00:13:29,000
And they had done testing.
I'm out of work.
266
00:13:29,000 --> 00:13:31,934
They said I have a cognitive deficit
that they're working...
267
00:13:31,934 --> 00:13:34,100
What does that have to do
with what you want?
268
00:13:34,100 --> 00:13:36,000
I'm sorry, but what does it have to...
269
00:13:36,000 --> 00:13:39,433
I obtained a lawyer
to represent me in court
270
00:13:39,433 --> 00:13:43,467
because I didn't know if
I would be capable of representing myself.
271
00:13:43,467 --> 00:13:47,500
Oh, well, but you are perfectly capable
of representing yourself.
272
00:13:47,500 --> 00:13:48,967
You don't get your deposit back.
273
00:13:48,967 --> 00:13:52,834
So, now you have a perfectly healthy horse
that you can sell.
274
00:13:52,834 --> 00:13:56,300
And hopefully sell for the same amount
that you sold it to the Plaintiff for
275
00:13:56,300 --> 00:13:57,967
and pay your attorney's fees.
276
00:13:57,967 --> 00:14:00,333
Do you understand?
Because she lost her deposit.
277
00:14:00,333 --> 00:14:03,100
I don't think that there was
a material breach of a contract
278
00:14:03,100 --> 00:14:06,233
with an extra one day
to get normal lab results back.
279
00:14:06,233 --> 00:14:08,533
Your case is dismissed.
We're done. Thank you.
280
00:14:08,533 --> 00:14:10,567
[bailiff] This court is adjourned.
281
00:14:10,567 --> 00:14:13,633
{\an8}As the judge read from the contract,
282
00:14:13,633 --> 00:14:17,200
{\an8}as the seller,
I assumed all risk on the foal
283
00:14:17,200 --> 00:14:19,066
{\an8}until she was six months old.
284
00:14:19,066 --> 00:14:21,000
{\an8}You put a lot of money
to make an investment in,
285
00:14:21,000 --> 00:14:22,900
{\an8}and you want to make sure
your assets are covered
286
00:14:22,900 --> 00:14:25,467
{\an8}and the horse can be properly
taken care of if something comes up.
287
00:14:25,467 --> 00:14:27,066
{\an8}Therefore, the argument
288
00:14:27,066 --> 00:14:32,033
{\an8}that the buyer would lose anything
if something happened to the foal
289
00:14:32,033 --> 00:14:33,133
{\an8}is inaccurate.
290
00:14:33,133 --> 00:14:35,333
{\an8}I'm really happy
with the two horses that I have,
291
00:14:35,333 --> 00:14:37,867
{\an8}and I'll stick with
the ethical breeders I know.
292
00:14:37,867 --> 00:14:43,266
{\an8}And the insurance that we obtained
was based on the exam at 24 hours old,
293
00:14:43,266 --> 00:14:47,100
{\an8}therefore we have proven
that we upheld the contract.
294
00:14:47,100 --> 00:14:49,300
So, one interesting thing
about that case is,
295
00:14:49,300 --> 00:14:52,233
as I was looking at the calendar
of what day the horse was born
296
00:14:52,233 --> 00:14:55,367
and when the vet came out first
and when the results came back,
297
00:14:55,367 --> 00:14:58,633
the horse was born on a Friday,
and then the vet came out Saturday,
298
00:14:58,633 --> 00:15:02,367
and I was surprised that any lab
sent labs back on a Sunday.
299
00:15:02,367 --> 00:15:06,633
So, in a business that's so dependent
on something you can't control,
300
00:15:06,633 --> 00:15:08,200
when the horse is going to give birth,
301
00:15:08,200 --> 00:15:10,967
why would the Defendant put,
in her own contract,
302
00:15:10,967 --> 00:15:15,600
a 48-hour... such a tight window
for insurability for the horse?
303
00:15:15,600 --> 00:15:18,433
Maybe it's standard practice.
I don't know standard practices
304
00:15:18,433 --> 00:15:20,200
for horses or anything like that.
305
00:15:20,200 --> 00:15:23,500
[Judy] It's a very... It's a very...
You're right. It's a tight window.
306
00:15:23,500 --> 00:15:26,467
And my guess is...
Although, I could've asked the question.
307
00:15:26,467 --> 00:15:29,066
...probably standard in that industry.
I'm not sure.
308
00:15:29,066 --> 00:15:32,867
But it's interesting to note that,
in contract law,
309
00:15:32,867 --> 00:15:34,633
unless time is of the essence,
310
00:15:34,633 --> 00:15:37,967
there has to be
some sort of material breach,
311
00:15:37,967 --> 00:15:39,567
and, you know, in this case,
312
00:15:39,567 --> 00:15:43,066
if the Defendant
had not had a vet come out
313
00:15:43,066 --> 00:15:46,300
and look at the horse for a week,
well, that's a different story.
314
00:15:46,300 --> 00:15:50,433
She had a vet come out immediately.
The vet was super cautious.
315
00:15:50,433 --> 00:15:53,300
The vet turned out to be,
ultimately, thankfully, mistaken.
316
00:15:53,300 --> 00:15:55,333
- There was nothing wrong with the horse.
- Mm-hmm.
317
00:15:55,333 --> 00:15:58,333
Got a clean blood test,
but the Plaintiff had already determined
318
00:15:58,333 --> 00:16:01,667
that she had buyer's remorse
with regard to this deal.
319
00:16:01,667 --> 00:16:03,533
There was another agenda there.
320
00:16:03,533 --> 00:16:07,567
Because the horse looked beautiful
at five months old, a beautiful animal,
321
00:16:07,567 --> 00:16:10,100
and it was perfectly clear
within 60 hours.
322
00:16:10,100 --> 00:16:12,700
And the Defendant seems to love it now
and very proud of it.
323
00:16:12,700 --> 00:16:14,867
- So, it's in a good place anyway.
- Yeah.
324
00:16:14,867 --> 00:16:19,233
Case 2134, Wimberly versus Miera.
All parties, please step forward.
325
00:16:19,233 --> 00:16:24,166
{\an8}[Narrator] Tina Wimberly
is suing auto-body worker, Robert Miera,
326
00:16:24,166 --> 00:16:28,967
for a refund of a 1969 VW Bug paint job.
327
00:16:28,967 --> 00:16:31,567
Ms. Wimberly, tell me about this car
that you have.
328
00:16:31,567 --> 00:16:33,667
So, I have a '69 Volkswagen Beetle.
329
00:16:33,667 --> 00:16:36,734
- I've had the car for about 20 years.
- Where did you buy it?
330
00:16:36,734 --> 00:16:38,233
In Salt Lake City, Utah.
331
00:16:38,233 --> 00:16:40,367
- Is it a Bus or a Bug?
- [Tina] It's a Bug.
332
00:16:40,367 --> 00:16:44,000
[Judy] My goodness, I remember
everyone had one of those cars.
333
00:16:44,000 --> 00:16:48,000
The whole world had those little Bugs
when they came out.
334
00:16:48,000 --> 00:16:51,066
Except me. Scared to death. Okay.
335
00:16:51,066 --> 00:16:54,400
Anyway, you've had it for a long time,
and you try to keep it restored.
336
00:16:54,400 --> 00:16:56,033
- Do you have a photograph?
- I do.
337
00:16:56,033 --> 00:16:57,500
I'd like to take a look please.
338
00:17:00,467 --> 00:17:04,000
{\an8}You acknowledge it's unsatisfactory
because you said, "I'll fix it."
339
00:17:04,000 --> 00:17:06,467
{\an8}No, I said I'd take care of it
in a good gesture
340
00:17:06,467 --> 00:17:08,300
{\an8}to try to make things work with her.
341
00:17:08,300 --> 00:17:10,767
{\an8}I did not deny her any kind of service
342
00:17:10,767 --> 00:17:13,934
{\an8}or say, "Go get lost,"
until she started cursing at me.
343
00:17:13,934 --> 00:17:16,266
{\an8}- [Judy] No, no.
- She didn't tell you she was cursing.
344
00:17:16,266 --> 00:17:17,300
{\an8}You know?
345
00:17:28,133 --> 00:17:32,066
{\an8}[narrator] Tina Wimberly claims
auto-body worker, Robert Miera,
346
00:17:32,066 --> 00:17:37,100
owes a refund on a 1969 VW Bug paint job.
347
00:17:37,100 --> 00:17:39,734
As you're getting that,
the case is simple.
348
00:17:39,734 --> 00:17:42,200
You want your money back
for a bad paint job
349
00:17:42,200 --> 00:17:45,600
that you say
that Mr. Miera did on the car.
350
00:17:45,600 --> 00:17:46,834
Okay.
351
00:17:47,867 --> 00:17:50,800
So, this is a picture of the car
before he painted it?
352
00:17:50,800 --> 00:17:52,133
No, ma'am, that's after.
353
00:17:52,133 --> 00:17:54,533
- [Judy] Oh, that's after?
- [Tina] Yes.
354
00:17:54,533 --> 00:17:56,800
- [Judy] Oh, doesn't look bad.
- From afar.
355
00:17:56,800 --> 00:18:00,233
Listen, when you're born in 1964,
everything looks better from afar.
356
00:18:00,233 --> 00:18:02,867
{\an8}- [laughter]
- [Judy] Okay.
357
00:18:02,867 --> 00:18:04,900
That's an interesting color.
358
00:18:05,467 --> 00:18:08,266
Do you have a photograph
of what the car looked like
359
00:18:08,266 --> 00:18:11,000
before you took it in to the Defendant?
360
00:18:11,000 --> 00:18:12,633
- No, ma'am.
- [Judy] Okay.
361
00:18:12,633 --> 00:18:16,533
[Tina] But I have pictures of after.
The bubbling that it's doing.
362
00:18:16,533 --> 00:18:17,734
I'll take a look at it.
363
00:18:28,266 --> 00:18:29,333
Okay.
364
00:18:29,333 --> 00:18:32,500
Have you shown these pictures
of the bubbling to Mr. Miera?
365
00:18:32,500 --> 00:18:33,467
I have, Your Honor.
366
00:18:33,467 --> 00:18:35,633
- [Judy] And you've seen them, sir?
- Yes, ma'am.
367
00:18:35,633 --> 00:18:38,200
Okay, so this is the story.
You brought your car
368
00:18:38,200 --> 00:18:43,033
in to Mr. Miera to paint it.
He gave you a price. The price was?
369
00:18:43,033 --> 00:18:46,800
- Originally, it was $3,500.
- [Judy] What did you ultimately pay him?
370
00:18:46,800 --> 00:18:48,567
- No, it wasn't. Mm-mm.
- $6,500.
371
00:18:48,567 --> 00:18:51,934
{\an8}[Judy] Okay. So,
you paid him $6,500 to paint it.
372
00:18:51,934 --> 00:18:54,700
{\an8}- When had you brought him the car?
- In January.
373
00:18:54,700 --> 00:18:57,033
- [Judy] Of what year?
- 2021.
374
00:18:57,033 --> 00:19:00,066
- When did you pick the car up from him?
- [Tina] May of '21.
375
00:19:00,066 --> 00:19:03,700
I was moving from
Albuquerque, New Mexico to Louisiana,
376
00:19:03,700 --> 00:19:07,233
and as May got closer and closer,
I kept telling him.
377
00:19:07,233 --> 00:19:09,467
- "I'm leaving. I'm leaving." You know...
- [Judy] Okay.
378
00:19:09,467 --> 00:19:12,533
The car was there from January until May.
379
00:19:12,533 --> 00:19:15,133
- Yes, ma'am.
- [Judy] You picked the car up in May.
380
00:19:15,133 --> 00:19:17,100
- Was it ready in May?
- Yes, ma'am.
381
00:19:17,100 --> 00:19:19,934
- [Judy] When she picked it up?
- Yes, it was ready when she picked it up.
382
00:19:19,934 --> 00:19:23,734
- When had you painted it?
- Probably at the beginning of April.
383
00:19:23,734 --> 00:19:24,800
No, ma'am.
384
00:19:24,800 --> 00:19:27,633
Is that when you started
sanding it down. I assume the...
385
00:19:27,633 --> 00:19:29,700
No, she actually sanded
the car down herself.
386
00:19:29,700 --> 00:19:31,967
So, the car was completely sanded
when you got it?
387
00:19:31,967 --> 00:19:34,633
[Robert] No, it wasn't completely sanded.
We had an agreement
388
00:19:34,633 --> 00:19:37,100
{\an8}that she was supposed to help me
repair the car.
389
00:19:37,100 --> 00:19:39,900
{\an8}You know, that's why I gave her
a price that I did.
390
00:19:39,900 --> 00:19:43,400
Because she wanted to help
and learn how the process went, so...
391
00:19:43,400 --> 00:19:45,367
Okay. Could you look up for me...
392
00:19:45,367 --> 00:19:49,533
- [Robert] So I gave her...
- ...a 1969 VW Bug?
393
00:19:49,533 --> 00:19:52,467
- So, I gave her a chance to learn...
- [Judy] Under classic cars.
394
00:19:52,467 --> 00:19:55,000
Okay, but you say it was ready
when she picked it up?
395
00:19:55,000 --> 00:19:56,367
- Yes
- [Judy] Okay.
396
00:19:56,367 --> 00:19:59,667
And she showed you the pictures
of the bubbling on the car?
397
00:19:59,667 --> 00:20:00,734
Yes.
398
00:20:00,734 --> 00:20:03,000
- [Judy] And she paid you $6,500?
- Yes.
399
00:20:03,000 --> 00:20:05,533
Well, I would have trouble
with that bubbling myself.
400
00:20:05,533 --> 00:20:07,000
- [Robert] Of course. I understand.
- So?
401
00:20:07,000 --> 00:20:09,233
- I offered to fix the car.
- [Judy] And?
402
00:20:09,233 --> 00:20:10,834
[Robert] She didn't want to bring it back.
403
00:20:10,834 --> 00:20:12,967
[Judy] That's a far trip
for her to bring it back.
404
00:20:12,967 --> 00:20:15,867
Well, that's all I can do.
I can offer to fix it, you know?
405
00:20:15,867 --> 00:20:19,100
[Judy] Well, by offering to fix it,
you acknowledge that,
406
00:20:19,100 --> 00:20:21,900
I would say, as a layperson,
this is not what I would expect.
407
00:20:21,900 --> 00:20:24,700
- [Robert] Well, I said I...
- This was not what I would expect.
408
00:20:24,700 --> 00:20:28,266
- If I paid $6,000 to paint a car.
- [Robert] Of course.
409
00:20:28,266 --> 00:20:34,033
And what steps... because this bubbling
seems to be in various spots of the car.
410
00:20:34,033 --> 00:20:36,300
- Mm-hmm.
- [Judy] So, it's impossible...
411
00:20:36,300 --> 00:20:38,934
- I'm a layperson. I went to law school.
- Yeah.
412
00:20:38,934 --> 00:20:42,633
[Judy] I didn't go to mechanic school
or painting school,
413
00:20:42,633 --> 00:20:44,567
but I've lived a long time,
414
00:20:44,567 --> 00:20:47,867
and when you have spots like this
on an anything,
415
00:20:47,867 --> 00:20:50,467
either a wall or a car,
416
00:20:50,467 --> 00:20:53,533
you can't just spot-fix it, right?
417
00:20:53,533 --> 00:20:56,200
- No, you can spot fix it.
- It's all over the car, Your Honor.
418
00:20:56,200 --> 00:20:58,000
- [Judy] Just a second.
- [Robert] Yeah.
419
00:20:58,000 --> 00:21:02,633
Well, it's been my experience
that you can't spot-fix it
420
00:21:02,633 --> 00:21:05,834
because this is a bright color,
it was done, now,
421
00:21:05,834 --> 00:21:08,000
almost a year and a half ago,
422
00:21:08,000 --> 00:21:11,200
and you're not gonna be able
to match colors
423
00:21:11,200 --> 00:21:14,266
because car colors,
like bright ones, fade,
424
00:21:14,266 --> 00:21:18,433
{\an8}so if you just do it in spots,
it'll look like a leopard.
425
00:21:18,433 --> 00:21:20,600
{\an8}- Well, not necessarily.
- [Judy] Not necessarily?
426
00:21:20,600 --> 00:21:23,033
{\an8}There's ways to adjust the paint.
The color of the paint.
427
00:21:23,033 --> 00:21:24,100
You can tint the paint.
428
00:21:24,100 --> 00:21:26,300
Mr. Miera, she is not bringing the car
429
00:21:26,300 --> 00:21:30,233
{\an8}to New Mexico
when she now lives in Louisiana.
430
00:21:30,233 --> 00:21:32,533
{\an8}- [Robert] Yes, I...
- Because that would cost her.
431
00:21:32,533 --> 00:21:36,567
I know. I transport cars of mine
when I move around.
432
00:21:36,567 --> 00:21:38,567
- And that's very expensive.
- [Robert] Mm-hmm.
433
00:21:38,567 --> 00:21:42,033
Not quite as expensive
as the paint job, but close.
434
00:21:42,033 --> 00:21:46,200
Which would mean she would have to incur
a substantial expense
435
00:21:46,200 --> 00:21:50,133
to get you back the car from a paint job
436
00:21:50,133 --> 00:21:52,333
that clearly was unsatisfactory.
437
00:21:52,333 --> 00:21:55,066
- Well.
- That you acknowledge is unsatisfactory.
438
00:21:55,066 --> 00:21:57,400
- Because you said, "I'll fix it."
- [Robert] I didn't.
439
00:21:57,400 --> 00:21:58,467
I said I'd take care of it
440
00:21:58,467 --> 00:22:01,233
in a good gesture
to try to make things work with her.
441
00:22:01,233 --> 00:22:03,867
I did not deny her any kind of service
442
00:22:03,867 --> 00:22:06,900
or say, "Go get lost,"
until she started cursing at me.
443
00:22:06,900 --> 00:22:10,033
- [Judy] No, no, no.
- She didn't tell you she was cursing.
444
00:22:10,033 --> 00:22:12,533
[Judy] Well, Mr. Miera, if...
445
00:22:12,533 --> 00:22:16,266
What I say you would have to do
would be to start over.
446
00:22:16,266 --> 00:22:20,033
Sand down the car,
which she did herself, according to you.
447
00:22:20,033 --> 00:22:22,734
- 'Cause if she sanded the car...
- She got a discount for...
448
00:22:22,734 --> 00:22:24,700
She worked on her own car,
so she got a discount
449
00:22:24,700 --> 00:22:27,567
for working on her own car,
so she had her hand in it as well.
450
00:22:27,567 --> 00:22:31,000
That's terrific.
You're gonna give her back her money.
451
00:22:31,000 --> 00:22:35,100
$6,500. Judgment for the Plaintiff.
We're done.
452
00:22:35,100 --> 00:22:36,867
[bailiff] This court is adjourned.
453
00:22:37,567 --> 00:22:40,033
{\an8}I think when she transported the car,
454
00:22:40,033 --> 00:22:42,233
{\an8}the moisture and the climate
that she took it to
455
00:22:42,233 --> 00:22:43,700
{\an8}may have played a factor in...
456
00:22:43,700 --> 00:22:46,433
{\an8}I totally disagree with what he said
457
00:22:46,433 --> 00:22:51,133
{\an8}because I took it from his house,
put it in another van...
458
00:22:51,133 --> 00:22:53,300
{\an8}...in having the car bubble like that,
459
00:22:53,300 --> 00:22:55,500
{\an8}but, you know, I'm not sure.
A lot of things can happen.
460
00:22:55,500 --> 00:22:58,567
{\an8}And the moisture,
with what he's claiming, there's no way.
461
00:22:58,567 --> 00:23:01,467
{\an8}I tried to rectify the situation,
and it didn't work out, so...
462
00:23:01,467 --> 00:23:02,967
{\an8}Time to get it looking good again.
463
00:23:04,834 --> 00:23:09,400
You never got back to me about
how much the 1969 Beetles were worth,
464
00:23:09,400 --> 00:23:11,900
and I was surprised because,
reading the papers,
465
00:23:11,900 --> 00:23:14,400
reading a $6,500 paint job,
466
00:23:14,400 --> 00:23:17,300
I was surprised at that.
Like, that was very expensive to me.
467
00:23:17,300 --> 00:23:19,233
But when I looked up
how much the cars are worth,
468
00:23:19,233 --> 00:23:25,166
they're worth anywhere between $12,000
and $35,000 for a nicely kept...
469
00:23:25,166 --> 00:23:27,133
- Maintained.
- ...maintained vintage car.
470
00:23:27,133 --> 00:23:29,667
Similar to the one
that I saw briefly in the photos.
471
00:23:29,667 --> 00:23:31,800
- I'm sorry for not getting back to you.
- It's okay.
472
00:23:31,800 --> 00:23:34,000
- I got caught up.
- But I think you made the right call.
473
00:23:34,000 --> 00:23:38,400
Because after the paint job,
we saw the damage or the bubbling,
474
00:23:38,400 --> 00:23:41,266
and I know that you or I
wouldn't be satisfied with that paint job
475
00:23:41,266 --> 00:23:43,834
on an asset that was worth
that amount of money.
476
00:23:43,834 --> 00:23:46,900
- Of course. I'm sorry. Forgive me.
- I think the right thing happened.
477
00:23:46,900 --> 00:23:48,967
- I'll try not to do it again.
- It's okay. I forgive you.
478
00:23:50,567 --> 00:23:54,166
{\an8}[narrator] Want justice?
Go to JudyJustice.tv.