1 00:00:00,433 --> 00:00:03,233 He leased you a truck that was a piece of garbage. 2 00:00:03,300 --> 00:00:04,900 -Yes, sir. -No. 3 00:00:04,967 --> 00:00:07,266 He doesn't know anything about trucking. 4 00:00:07,333 --> 00:00:11,266 You said, the truck was broken down more than it was being driven. 5 00:00:11,333 --> 00:00:13,333 -Correct. -That's not true, your honor. 6 00:00:13,400 --> 00:00:16,000 That's our job, to figure out whether or not that's true. 7 00:00:16,065 --> 00:00:18,500 [Narrator] Today on Tribunal Justice... 8 00:00:18,567 --> 00:00:20,100 [opening theme music] 9 00:00:36,000 --> 00:00:37,967 [opening theme fades] 10 00:00:39,700 --> 00:00:43,600 ...This case was filed in Lawrenceville, Georgia. 11 00:00:43,734 --> 00:00:47,500 [Byrd] Your honor, this is case #1075A 12 00:00:47,567 --> 00:00:49,667 And #1075B, 13 00:00:49,734 --> 00:00:52,934 in the matter of Brown versus Thomas, and Thomas versus Brown. 14 00:00:53,100 --> 00:00:54,500 Parties have been sworn in, 15 00:00:54,667 --> 00:00:56,200 -you may be seated -[Levy] Thank you, Byrd. 16 00:00:56,266 --> 00:00:59,033 All right, let's put this case into perspective right off the bat. 17 00:00:59,100 --> 00:01:00,200 Procedurally, 18 00:01:00,266 --> 00:01:02,934 -Mr. Brown, you filed the first claim. -Yes. 19 00:01:03,000 --> 00:01:06,600 [Levy] And then after you filed, Mr. Thomas, you filed a separate case 20 00:01:06,667 --> 00:01:07,967 -against Mr. Brown. -Yes. 21 00:01:08,033 --> 00:01:09,967 So what we're gonna do and the way we're going to handle this, 22 00:01:10,033 --> 00:01:11,533 is we're gonna stay right where we are. 23 00:01:11,600 --> 00:01:14,000 We're gonna take one filed case at a time. 24 00:01:14,066 --> 00:01:16,600 And then we're gonna reach a verdict at the end regarding both your cases. 25 00:01:16,667 --> 00:01:17,767 -How's that sound? -Okay. 26 00:01:17,834 --> 00:01:20,367 [Levy] All right. Mr. Brown, you own a trucking company 27 00:01:20,433 --> 00:01:23,265 -where you lease trucks for a living. -Yes, sir. 28 00:01:23,333 --> 00:01:25,934 [Levy] According to your complaint, the defendant is a truck driver 29 00:01:26,000 --> 00:01:28,800 -who leased one of your tractor-trailers. -Yes. 30 00:01:28,867 --> 00:01:32,366 [Levy] The lease terms were $900 a week. -Yes. 31 00:01:32,433 --> 00:01:34,533 -There was no written lease. -No. 32 00:01:34,600 --> 00:01:36,133 [Levy] And you know that that was a mistake. 33 00:01:36,200 --> 00:01:37,900 -And you knew then also. -Uh... 34 00:01:38,800 --> 00:01:40,467 -Yes. -[Levy] The defendant paid 35 00:01:40,533 --> 00:01:43,400 weeks one and two on that lease. 36 00:01:43,467 --> 00:01:47,934 But week three, he called and said, that your truck that you gave him 37 00:01:48,000 --> 00:01:49,100 was acting up. 38 00:01:49,166 --> 00:01:51,667 It needed eight tires and a new muffler. 39 00:01:51,734 --> 00:01:53,100 [Levy] That's your complaint, right? 40 00:01:53,166 --> 00:01:55,000 No, sir. It need four tires... 41 00:01:55,066 --> 00:01:56,667 -[Levy] Four tires? -...and a muffler. 42 00:01:56,734 --> 00:01:59,100 [Levy] You told the defendant to buy the tires 43 00:01:59,166 --> 00:02:01,834 -and to buy and install a new muffler. -Correct. 44 00:02:01,900 --> 00:02:04,734 And you provided him with the cost of the tires 45 00:02:04,800 --> 00:02:06,834 and gave him the money immediately. 46 00:02:06,900 --> 00:02:09,300 He provided me with the cost of the tires 47 00:02:09,366 --> 00:02:11,633 and what it was the fix the muffler. 48 00:02:11,700 --> 00:02:13,633 And I Cashapp'd him the money 49 00:02:13,700 --> 00:02:15,700 -for the repairs on it. -[Levy] Okay. 50 00:02:15,767 --> 00:02:17,633 Now, week five comes along 51 00:02:17,700 --> 00:02:20,266 and he returns the truck. He said it was a lemon. 52 00:02:20,400 --> 00:02:23,066 And he said it was your problem to deal with. 53 00:02:23,133 --> 00:02:24,333 You on the other hand, 54 00:02:24,400 --> 00:02:26,734 when he said that to you, thought it was totally bizarre. 55 00:02:26,800 --> 00:02:30,000 According to your complaint, you said, because there was nothing wrong 56 00:02:30,066 --> 00:02:32,200 -with the truck when you gave it to him. -Correct. 57 00:02:32,266 --> 00:02:35,466 [Levy] And furthermore, you said, that there was no telling what he did 58 00:02:35,533 --> 00:02:39,667 when he had the truck for week one, week two, week three, and week four. 59 00:02:39,734 --> 00:02:40,800 -Correct. -[Levy] Now... 60 00:02:40,867 --> 00:02:44,567 on week five you examine the truck after the defendant returned it 61 00:02:44,633 --> 00:02:48,700 and you noticed that the tires that he put on were not new. 62 00:02:48,767 --> 00:02:50,934 -Correct. They were used. -[Levy] Used tires. 63 00:02:51,000 --> 00:02:53,633 And the muffler that you paid for 64 00:02:53,700 --> 00:02:57,367 and that was installed by the defendant or someone working on his behalf 65 00:02:57,433 --> 00:02:59,166 was a used muffler, not a new one. 66 00:02:59,233 --> 00:03:00,467 They didn't even change the muffler. 67 00:03:00,533 --> 00:03:02,700 What he did was, he just chained the muffler back up 68 00:03:02,767 --> 00:03:04,100 so he can keep driving the truck. 69 00:03:04,166 --> 00:03:06,667 I don't know what he did with the money that I sent for the truck. 70 00:03:06,734 --> 00:03:09,734 But he just chained it back up and when I picked the truck up 71 00:03:09,800 --> 00:03:13,600 it was still waving as if nothing was done to it. 72 00:03:13,667 --> 00:03:16,667 Okay. And further, you say, that the defendant never paid 73 00:03:16,734 --> 00:03:18,567 for the last two weeks of the truck lease. 74 00:03:18,633 --> 00:03:20,000 He drove the truck again 75 00:03:20,066 --> 00:03:22,966 for the 15th, 16th, 17th, 18th, that following week, 76 00:03:23,033 --> 00:03:26,033 which was a $900, and then he was supposed to um... 77 00:03:26,100 --> 00:03:28,767 Um, give me the key back at the end of the month 78 00:03:28,834 --> 00:03:31,000 because in July I was gonna raise the price 79 00:03:31,066 --> 00:03:32,934 of leasing the vehicle, which I text him 80 00:03:33,000 --> 00:03:35,966 and told him I was gonna raise the price to $1000 a week 81 00:03:36,033 --> 00:03:37,533 versus $900 a week. 82 00:03:37,600 --> 00:03:40,966 And so, he was gonna return me the keys back in July, the 1st, 83 00:03:41,033 --> 00:03:42,533 and he did not return the keys 84 00:03:42,600 --> 00:03:44,667 Well, on week five, you said, 85 00:03:44,734 --> 00:03:47,466 -that he returned the truck, right? -Right. Week five. 86 00:03:47,533 --> 00:03:49,333 [Levy] And the two weeks of non-payment 87 00:03:49,466 --> 00:03:52,500 -were weeks four and week five. -Were the last two weeks of the month. 88 00:03:52,567 --> 00:03:55,600 -And that you're suing him for the $1800 -Yes. 89 00:03:55,667 --> 00:03:57,934 for those two weeks of non-payment, at $900 a week. 90 00:03:58,000 --> 00:04:00,066 -Yes -[Levy] And $3,200 91 00:04:00,133 --> 00:04:02,033 for misuse of your funds 92 00:04:02,100 --> 00:04:04,900 for buying four used tires instead of new ones. 93 00:04:04,967 --> 00:04:07,000 And doing something with the muffler, but most certainly, 94 00:04:07,066 --> 00:04:09,066 not putting a new one on, like you paid for. 95 00:04:09,133 --> 00:04:10,066 Correct. 96 00:04:10,133 --> 00:04:12,233 -That's your case against the defendant. -Yes. 97 00:04:12,300 --> 00:04:14,667 [Levy] I haven't forgotten about you. Okay there, Mr. Thomas? 98 00:04:14,734 --> 00:04:16,367 -Yes, sir. -[Levy] You have an answer. 99 00:04:16,433 --> 00:04:19,332 According to your answer, you've been driving trucks for 15 years, 100 00:04:19,399 --> 00:04:20,466 and you're a mechanic. 101 00:04:20,533 --> 00:04:22,433 And that you don't owe the plaintiff anything. 102 00:04:22,500 --> 00:04:24,767 According to your answer, he leased you a truck 103 00:04:24,834 --> 00:04:28,100 that was a piece of garbage and was constantly breaking down. 104 00:04:28,166 --> 00:04:32,300 And that you needed this tractor-trailer to transport gasoline 105 00:04:32,367 --> 00:04:35,400 all over the country. Something that the plaintiff knew. 106 00:04:35,467 --> 00:04:38,133 That the terms of your agreement were $900 a week 107 00:04:38,200 --> 00:04:41,066 and that it wasn't your responsibility to fix the truck. 108 00:04:41,133 --> 00:04:42,967 That would be the plaintiff's responsibility. 109 00:04:43,033 --> 00:04:44,867 But he just expected you to do it. 110 00:04:44,933 --> 00:04:46,834 -That's what your answer said? -Somewhat. 111 00:04:46,900 --> 00:04:48,100 Where did I get anything wrong? 112 00:04:48,166 --> 00:04:51,400 [Alvin] He doesn't have a trucking company, for one. 113 00:04:51,467 --> 00:04:54,400 Two, my lease payments were $750 a week. 114 00:04:54,533 --> 00:04:58,600 Three, I have texts showing that I text him and told him that 115 00:04:58,667 --> 00:05:03,667 the truck was in my yard with the key over top of the visor 116 00:05:03,734 --> 00:05:05,233 and to come and pick it up. 117 00:05:05,300 --> 00:05:09,100 The company that I'm contracted to called him and told him, 118 00:05:09,166 --> 00:05:12,033 Alvin has his own truck now, you can come and get your truck. 119 00:05:12,100 --> 00:05:15,867 He kept calling me, asking me, can I find a place so he can park it. 120 00:05:15,934 --> 00:05:18,500 'Cause he couldn't leave it in our yard anymore. 121 00:05:18,567 --> 00:05:21,400 He would constantly... every time the truck would breakdown 122 00:05:21,467 --> 00:05:24,100 ...he would ask me, well, can you go half with me? 123 00:05:24,166 --> 00:05:26,767 And I would tell him, like, that's your truck. It's not my truck, 124 00:05:26,834 --> 00:05:30,166 Our agreement is, for me to pay my weekly rental fee 125 00:05:30,233 --> 00:05:31,433 and that's it. 126 00:05:31,500 --> 00:05:33,100 The two guys that was renting the truck 127 00:05:33,166 --> 00:05:34,567 -prior to me, -No. 128 00:05:34,633 --> 00:05:36,834 that said that the truck was constantly in the shop. 129 00:05:36,900 --> 00:05:38,400 I gave them... 130 00:05:38,467 --> 00:05:41,000 [Levy] Okay. First of all, don't tell me what other people think 131 00:05:41,066 --> 00:05:42,800 or might've told 'ya, 'cause they're not here. 132 00:05:42,867 --> 00:05:44,600 -But let me stop you for a second... -Okay. 133 00:05:44,667 --> 00:05:46,567 ...what you say in your answer to the complaint 134 00:05:46,633 --> 00:05:48,533 is very simple and straight forward. 135 00:05:48,600 --> 00:05:51,967 You said, "the truck was broken down on the side of the road 136 00:05:52,033 --> 00:05:53,967 more than it was being driven." 137 00:05:54,033 --> 00:05:55,700 -That's what you said. -Correct. 138 00:05:55,767 --> 00:05:57,033 -[Levy] Okay. -That's not true, your honor. 139 00:05:57,100 --> 00:05:58,767 [Levy] I don't care whether you say it's true or not. 140 00:05:58,834 --> 00:06:01,967 We're gonna figure out... that's our job to figure out whether or not that's true. 141 00:06:02,033 --> 00:06:04,433 Well, I got proof that he was paying me for the last few months. 142 00:06:04,500 --> 00:06:06,333 That's all right. We're gonna get to all that payment. 143 00:06:06,400 --> 00:06:08,867 We're gonna get to your payments to him, his payment to you. 144 00:06:08,934 --> 00:06:11,834 But right now, I want to get through the point that he just made. 145 00:06:11,900 --> 00:06:13,967 Whether or not you own a trucking company or not. 146 00:06:14,033 --> 00:06:16,400 -How many trucks do you own? -I own two. 147 00:06:16,467 --> 00:06:20,500 So the two trucks that you lease, are the one to the defendant 148 00:06:20,567 --> 00:06:21,633 and one other. 149 00:06:21,700 --> 00:06:22,867 Right. I have another truck. 150 00:06:22,934 --> 00:06:24,967 [Levy] And when you say, truck, is it the same type of truck? 151 00:06:25,033 --> 00:06:27,700 -Is it a Freightliner? -[Eric] No, I have a 16ft box truck. 152 00:06:27,767 --> 00:06:30,800 Now, as far as owning a trucking company, I never said I own a-- 153 00:06:30,867 --> 00:06:35,700 I have my LLC company that my business name is up under. 154 00:06:35,767 --> 00:06:40,200 But he leased the truck from me. I never said I own a trucking company. 155 00:06:40,266 --> 00:06:44,000 Well, that's what I asked you when I started with you just a few moments ago, 156 00:06:44,066 --> 00:06:47,066 that you own a trucking company where you lease trucks for a living, 157 00:06:47,133 --> 00:06:50,000 and you said, "yes." So now you want to change it. That's okay. 158 00:06:50,066 --> 00:06:51,900 I rather you be accurate and right, that's all. 159 00:06:51,967 --> 00:06:52,834 -Okay. -[Levy] Okay? 160 00:06:52,900 --> 00:06:57,000 So you have two trucks, but only one that the defendant was able to lease, 161 00:06:57,066 --> 00:07:01,367 based upon the type of loads that you knew he was going to be carrying. 162 00:07:01,433 --> 00:07:05,967 Now Mr. Thomas, your case against the plaintiff is as follows... 163 00:07:06,100 --> 00:07:09,467 -You're suing Eric Brown for $3,000. -Correct. 164 00:07:09,533 --> 00:07:12,033 [Levy] And you're suing him for $3,000 for lost wages. 165 00:07:12,100 --> 00:07:12,967 Yes. 166 00:07:13,033 --> 00:07:15,633 [Levy] And those lost wages are calculated by you 167 00:07:15,700 --> 00:07:19,000 because you earn $1,500 a day 168 00:07:19,066 --> 00:07:21,467 and it took you two days to respond 169 00:07:21,533 --> 00:07:24,233 to the initial lawsuit that he filed against you 170 00:07:24,300 --> 00:07:26,300 for the $5,000. 171 00:07:26,367 --> 00:07:29,834 That's the $1,800 for the non-payment of your lease 172 00:07:29,900 --> 00:07:32,200 and $3,200 for misuse of funds. 173 00:07:32,266 --> 00:07:36,400 So, when he filed that against you, you then had to file against him 174 00:07:36,467 --> 00:07:38,467 because for two days you had to deal with that. 175 00:07:40,533 --> 00:07:42,867 [Narrator] Coming up on Tribunal Justice... 176 00:07:42,933 --> 00:07:44,767 He let you use some property, 177 00:07:44,834 --> 00:07:46,467 -you used the property. -Right. 178 00:07:46,533 --> 00:07:49,133 And there is a very good legal justification 179 00:07:49,200 --> 00:07:52,033 for saying, if you've got someone else's property in your possession 180 00:07:52,100 --> 00:07:53,467 and something goes wrong with it, 181 00:07:53,533 --> 00:07:54,933 -then it's on you. -No. 182 00:07:55,000 --> 00:07:56,633 You wanna debate me about what the law is? 183 00:07:56,700 --> 00:07:58,000 I'm not debating you. 184 00:08:04,266 --> 00:08:06,900 [Narrator] Eric Brown is suing truck driver, 185 00:08:06,967 --> 00:08:10,633 Alvin Thomas, for misuse of funds and leasing fees 186 00:08:10,700 --> 00:08:12,867 for Eric's tractor-trailer truck. 187 00:08:12,934 --> 00:08:14,166 Alvin claims, 188 00:08:14,233 --> 00:08:17,700 Eric is responsible for the maintenance on his own truck. 189 00:08:17,767 --> 00:08:20,000 So, let's start here... Mr. Brown... 190 00:08:20,633 --> 00:08:24,500 When did you buy this tractor-trailer that you leased to the defendant? 191 00:08:24,567 --> 00:08:26,667 [Eric] So, I bought it back in November of '21. 192 00:08:26,734 --> 00:08:28,033 [Levy] And what year is that vehicle? 193 00:08:28,100 --> 00:08:30,734 -It's a 2005 Freightliner. -Freightliner. 194 00:08:30,800 --> 00:08:34,767 The truck had about 800,000 miles on it when I bought it. 195 00:08:34,834 --> 00:08:37,332 Okay, let's talk about the term of the lease. 196 00:08:37,400 --> 00:08:38,633 'Cause a moment ago, you said, 197 00:08:38,700 --> 00:08:41,567 that there was no written lease, and I thought that was interesting. 198 00:08:41,633 --> 00:08:44,333 You're talking about leasing an expensive vehicle 199 00:08:44,400 --> 00:08:47,467 that's going to be transporting hazardous materials 200 00:08:47,533 --> 00:08:50,266 and explosive materials. And I'm curious, 201 00:08:50,333 --> 00:08:53,000 in your mind's eye, what were the terms of the lease? 202 00:08:53,066 --> 00:08:55,667 When is it gonna start? When is it gonna end? 203 00:08:55,734 --> 00:09:00,200 Who's responsible for regular maintenance? Repairs? Replacement parts? 204 00:09:00,266 --> 00:09:03,667 Roadside assistance, was it included? What about insurance? 205 00:09:03,734 --> 00:09:06,600 Was insurance required by you to take your lease? 206 00:09:06,667 --> 00:09:09,000 These all seem to be important questions 207 00:09:09,066 --> 00:09:12,900 that someone who's leasing a tractor-trailer that's going to be 208 00:09:12,967 --> 00:09:15,433 transporting gasoline, which you knew about 209 00:09:15,500 --> 00:09:18,033 on the roads. So tell me... Answer those questions for me. 210 00:09:18,100 --> 00:09:21,100 So, the insurance was covered by the company where he works for 211 00:09:21,166 --> 00:09:23,200 because I was working up under them. 212 00:09:23,266 --> 00:09:26,900 They're the one who provided the insurance for everything for the vehicle. 213 00:09:26,967 --> 00:09:29,266 When he took the lease, that's the company that he works for, 214 00:09:29,333 --> 00:09:33,000 he could either be a company driver or you could be an owner-operator driver. 215 00:09:33,066 --> 00:09:35,033 So, he didn't want to work for the company. 216 00:09:35,100 --> 00:09:37,100 So, he wanted to be an owner-operator driver, 217 00:09:37,165 --> 00:09:39,800 but he didn't have a truck. So he leased a truck from me 218 00:09:39,867 --> 00:09:42,266 by paying me at $900 a month 219 00:09:42,333 --> 00:09:45,467 and he would do all the stuff that that company need him to do 220 00:09:45,533 --> 00:09:48,433 as far as pulling the loads. The tankers. 221 00:09:48,500 --> 00:09:49,967 [Levy] What about regular maintenance? 222 00:09:50,033 --> 00:09:52,934 Regular maintenance, the way him and I discuss it on the phone 223 00:09:53,000 --> 00:09:55,066 was I wasn't responsible for anything major. 224 00:09:55,133 --> 00:09:58,200 And that was the transmission or the motor. 225 00:09:58,266 --> 00:10:01,333 That's where I was responsible for, because he was making all of the money 226 00:10:01,400 --> 00:10:04,633 because the contract ended up being in his name. 227 00:10:04,700 --> 00:10:05,967 And he paid me the nine-- 228 00:10:06,033 --> 00:10:07,700 What do you mean the contract ended up being in his name? 229 00:10:07,767 --> 00:10:09,433 There is no contract. There is no lease. 230 00:10:09,500 --> 00:10:13,133 The contract for the company, to work for that company, 231 00:10:13,200 --> 00:10:15,800 they normally put it in the owner driver's name. 232 00:10:15,867 --> 00:10:19,233 But because he was talking to the... 233 00:10:19,300 --> 00:10:20,367 [inaudible dialogue] 234 00:10:20,433 --> 00:10:23,934 ...they put the contract in his name for him to get paid 235 00:10:24,000 --> 00:10:26,100 -for the delivery of their product. -You know something, Mr. Brown? 236 00:10:26,166 --> 00:10:27,967 Maybe it would be easier if you do this... 237 00:10:28,033 --> 00:10:30,100 I need you to provide me proof 238 00:10:30,166 --> 00:10:34,165 of the payments that he made to you and that you made to him. 239 00:10:34,233 --> 00:10:36,967 At least give me those. I'd like to see those now. 240 00:10:37,033 --> 00:10:39,266 And then, I'm going to turn this over to Judge Acker 241 00:10:39,333 --> 00:10:43,066 and Judge DiMango, who I'm sure want to ask additional questions. 242 00:10:43,934 --> 00:10:45,700 [Levy] You're looking on your phone. -Yes, sir. 243 00:10:45,767 --> 00:10:47,266 So, does that mean that you did not 244 00:10:47,333 --> 00:10:49,834 provide the evidence before coming in today? 245 00:10:49,900 --> 00:10:52,300 I did not get a chance to pull that part of it up 246 00:10:52,367 --> 00:10:54,000 -and send it over to-- -[Levy] Which part did you not? 247 00:10:54,133 --> 00:10:56,533 The payments that you made to him, proof of payment? 248 00:10:56,600 --> 00:10:58,400 Or the payments that he made to you? 249 00:10:58,467 --> 00:11:00,900 The payments that he made to me for leasing my truck 250 00:11:00,967 --> 00:11:03,200 -for $900 a week. -[Levy] You didn't bring those? 251 00:11:03,266 --> 00:11:05,834 I pulled it up out of my bank account because he was sending it 252 00:11:05,900 --> 00:11:07,266 directly to my bank account. 253 00:11:07,333 --> 00:11:10,867 That's fine. Show me the proof of payments that you made to him, 254 00:11:10,934 --> 00:11:14,500 totally $3,200 that you claim were misuse of funds 255 00:11:14,567 --> 00:11:16,133 for buying four new tires. 256 00:11:17,767 --> 00:11:22,066 [Eric] That was for that... and this is the one for the tires. 257 00:11:23,700 --> 00:11:26,000 -So, is this one of them here? -Yes, sir. 258 00:11:29,200 --> 00:11:31,800 So, this is four new tires... Thank you. 259 00:11:31,867 --> 00:11:37,834 ...four new tires, at $505 each, plus truck tire disposal 260 00:11:37,900 --> 00:11:39,266 as well as some other items, 261 00:11:39,333 --> 00:11:42,734 -and the total bill there was $2,460. -Correct. 262 00:11:42,800 --> 00:11:45,700 -[Levy] That's the bill that he gave you? -That's the bill that he gave me. 263 00:11:45,767 --> 00:11:47,867 Great. Show me the proof that you paid him. 264 00:11:49,066 --> 00:11:50,734 [Levy] Again, you didn't bring proof that you paid him, 265 00:11:50,800 --> 00:11:51,734 it's on your phone? 266 00:11:51,800 --> 00:11:54,467 I sent the money to him through Cashapp for everything 267 00:11:54,533 --> 00:11:57,100 -because he was-- -[Levy] I get it. I get it. 268 00:11:57,165 --> 00:11:59,567 You sent it through Cashapp but you didn't bring it with you today. 269 00:11:59,633 --> 00:12:02,233 This is your big day. This is the day for you to make your case, 270 00:12:02,300 --> 00:12:04,867 and you chose not to bring that evidence today for whatever reason. 271 00:12:04,934 --> 00:12:06,367 -Judge Acker. -[Acker] Thank you, Judge. 272 00:12:06,433 --> 00:12:08,934 So, Mr. Brown, there are two components to your claim. 273 00:12:09,000 --> 00:12:11,200 -[Eric] Yes. -The first component is that 274 00:12:11,266 --> 00:12:14,500 you maintain that you gave the defendant money to buy new parts 275 00:12:14,567 --> 00:12:15,700 to repair the truck. 276 00:12:15,767 --> 00:12:18,000 He used the funds to buy used parts 277 00:12:18,066 --> 00:12:22,300 and you claim that that was an improper use of your funds. 278 00:12:22,367 --> 00:12:25,100 Mr. Thomas, you maintain that 279 00:12:25,166 --> 00:12:29,066 since you were the renter of the truck, 280 00:12:29,133 --> 00:12:33,967 you weren't responsible for anything He's responsible for all of the repairs. 281 00:12:34,033 --> 00:12:35,100 That makes no sense. 282 00:12:35,165 --> 00:12:38,300 Have you ever rented a car and then, had Hertz say, 283 00:12:38,367 --> 00:12:42,033 You know what, whatever you do to this car is own us? 284 00:12:42,100 --> 00:12:43,400 That never happens. 285 00:12:43,467 --> 00:12:46,967 So, as a preliminary matter, even in the absence of a contract, 286 00:12:47,033 --> 00:12:49,367 I can imbue some common sense 287 00:12:49,433 --> 00:12:51,667 to figure out what a deal means. 288 00:12:51,734 --> 00:12:54,767 Explain to me how you're going to sell this idea 289 00:12:54,834 --> 00:12:56,433 that you could drive the truck 290 00:12:56,500 --> 00:12:58,934 and he had to pay for whatever went wrong with it. 291 00:12:59,000 --> 00:13:01,700 [Alvin] Mm-hm. Okay. Well, prior to him, 292 00:13:01,767 --> 00:13:04,333 the company that I'm leased onto, it's not company drivers. 293 00:13:04,400 --> 00:13:07,033 It's all owner-operators. I was renting a truck 294 00:13:07,100 --> 00:13:09,400 from my company, through Penske. 295 00:13:09,467 --> 00:13:11,333 I don't pay for any repairs-- 296 00:13:11,400 --> 00:13:12,834 Don't care. He's not Penske. 297 00:13:12,900 --> 00:13:16,567 Penske is a huge, huge multi-million dollar company. 298 00:13:16,633 --> 00:13:18,767 -This is an informal arrangement -[Alvin] Okay. 299 00:13:18,834 --> 00:13:21,133 -And in the absence of a contract, -Okay. 300 00:13:21,200 --> 00:13:22,834 I can treat it as a bailment. 301 00:13:22,900 --> 00:13:24,800 -He let you use some property. -[Alvin] Mm-hm. 302 00:13:24,867 --> 00:13:26,467 -You used the property. -[Alvin] Right. 303 00:13:26,533 --> 00:13:29,467 And there is a very good legal justification for saying, 304 00:13:29,533 --> 00:13:32,333 if you've got someone else's property in your possession 305 00:13:32,400 --> 00:13:34,934 and something goes wrong with it, then it's on you. 306 00:13:35,000 --> 00:13:37,333 There's a very good legal justification for that. 307 00:13:37,400 --> 00:13:39,000 -No. -What are you saying no? 308 00:13:39,066 --> 00:13:40,967 -[Acker chuckling] -No, it's not my responsibility 309 00:13:41,033 --> 00:13:42,967 -to fix his truck. -And you tell me why that is 310 00:13:43,033 --> 00:13:45,567 even though I just explained to you the legal justification? 311 00:13:45,633 --> 00:13:49,400 And I'm trying to give you an opportunity to maybe offer some facts 312 00:13:49,467 --> 00:13:51,867 that will support your position. Or instead, are you-- 313 00:13:51,934 --> 00:13:53,967 -do you--do you just instead-- -Because I've rented from other people-- 314 00:13:54,033 --> 00:13:57,100 You just instead-- do you wanna debate me about what the law is? 315 00:13:57,165 --> 00:14:00,233 So your only basis for saying, I don't have to pay him, 316 00:14:00,300 --> 00:14:04,300 is that when I rent trucks from big multi-million dollar operators 317 00:14:04,367 --> 00:14:06,100 -I don't have to pay them? -Correct. 318 00:14:06,166 --> 00:14:09,200 [chuckles] Okay. Yeah, just hold onto that. 319 00:14:09,266 --> 00:14:11,567 Now if that was in our agreement that's something different. 320 00:14:11,633 --> 00:14:13,300 There's no agreement between the two of you. 321 00:14:13,367 --> 00:14:14,600 -Right -There is no agreement. 322 00:14:14,667 --> 00:14:16,567 -Right. -You say that like it helps you 323 00:14:16,633 --> 00:14:18,033 with respect to this point. 324 00:14:18,100 --> 00:14:20,667 -But as far as I see it, it does not. -[Alvin] Okay. 325 00:14:20,734 --> 00:14:23,066 Because as a matter of law... I'm just telling you. 326 00:14:23,133 --> 00:14:24,967 ...as a matter of legal common sense... -[Alvin] Mm-hm. 327 00:14:25,033 --> 00:14:27,200 ...in many cases. I'm even going to go out on a limb 328 00:14:27,266 --> 00:14:28,433 -and say, most cases. -Mm-hm. 329 00:14:28,500 --> 00:14:31,300 If I give you some property and you're renting the property from me 330 00:14:31,367 --> 00:14:33,800 -and you damage the property, -Mm-hm. That's diff-- 331 00:14:33,867 --> 00:14:35,900 -then I can come to you -Right. 332 00:14:35,967 --> 00:14:37,400 But I didn't damage the property. 333 00:14:37,467 --> 00:14:39,233 [Acker] Well then, that's what we're gonna get to next. 334 00:14:39,300 --> 00:14:41,967 Because your position is that it was a lemon. 335 00:14:42,033 --> 00:14:43,467 You drove it for five weeks. 336 00:14:43,533 --> 00:14:46,367 -You had it for five weeks. -Yes, and I did put tires on it. 337 00:14:46,433 --> 00:14:47,467 So wait, which is it? 338 00:14:47,533 --> 00:14:50,433 You put tires on it because you had a responsibility to? 339 00:14:50,500 --> 00:14:52,633 -Or you didn't have a responsibility? -I wouldn't have been able to drive it 340 00:14:52,700 --> 00:14:54,266 had I not put tires on it. That's-- 341 00:14:54,333 --> 00:14:58,633 So if it was his responsibility to repair, why not just give him the truck back? 342 00:14:58,700 --> 00:15:00,900 -If it's his respons-- -If it was his responsibil-- 343 00:15:00,967 --> 00:15:02,800 He gave me the money for the four tires 344 00:15:02,867 --> 00:15:04,367 -before I even drove the truck -[Acker] You're getting... 345 00:15:04,433 --> 00:15:07,934 My company said I have to put the tires on before I can even drive it. 346 00:15:08,000 --> 00:15:10,900 Okay. So, stop. You're getting ahead of where my questions are. 347 00:15:10,967 --> 00:15:14,734 If it was his responsibility to do all of the maintenance 348 00:15:14,800 --> 00:15:16,800 and upkeep on the truck, as you said. 349 00:15:16,867 --> 00:15:20,533 You said, "He can't lease a vehicle to a client like me 350 00:15:20,600 --> 00:15:22,934 and then expect me to repair it. 351 00:15:23,000 --> 00:15:26,000 The responsibility is on the owner of that vehicle, 352 00:15:26,066 --> 00:15:28,567 which in this case, your honor, is Plaintiff Eric Brown." 353 00:15:28,633 --> 00:15:30,100 So my question to you, 354 00:15:30,166 --> 00:15:34,533 is that if you understood it to be his responsibility to repair the vehicle, 355 00:15:34,600 --> 00:15:37,800 why didn't you say, you put the tires on this truck, 356 00:15:37,867 --> 00:15:39,433 I'm not taking this truck? 357 00:15:39,500 --> 00:15:41,533 I did. That's why he sent the money. 358 00:15:41,600 --> 00:15:43,100 [Acker] And how much money did he send you? 359 00:15:43,165 --> 00:15:45,066 Uh, two thousand something. 360 00:15:45,133 --> 00:15:48,467 -[Acker] How much money did you send him? -$2,460. 361 00:15:48,533 --> 00:15:50,867 -For new tires-- -[Acker] No, no, no. Stop. Stop. 362 00:15:50,934 --> 00:15:53,967 We're not there yet. So, he makes a good point. 363 00:15:54,033 --> 00:15:57,800 In the normal course, if I rent something from somebody, 364 00:15:57,867 --> 00:15:59,533 if I rent a car from Hertz. 365 00:15:59,600 --> 00:16:01,000 And I'm like, Hertz... 366 00:16:01,066 --> 00:16:03,100 the car broke down on the side of the road. 367 00:16:03,166 --> 00:16:06,200 Hertz is probably not going to send me money to repair it. 368 00:16:06,266 --> 00:16:07,467 You sent him money. 369 00:16:07,600 --> 00:16:11,700 So that supports his position that I was really pushing him on 370 00:16:11,767 --> 00:16:15,433 that in this particular case, you did undertake those obligations. 371 00:16:15,500 --> 00:16:16,533 -I sent-- -[Acker] No, no, no. 372 00:16:16,600 --> 00:16:19,000 But now, I want to go back to the big part of your claim. 373 00:16:19,066 --> 00:16:23,300 I do not see anything that says that there was an obligation by him 374 00:16:23,367 --> 00:16:24,667 to buy you new parts. 375 00:16:24,734 --> 00:16:29,600 I mean, people repair vehicles with used parts all of the time. 376 00:16:29,667 --> 00:16:33,100 All the more so, when it's an old vehicle in the first place. 377 00:16:33,165 --> 00:16:36,467 What is the evidence that he ever had an obligation 378 00:16:36,533 --> 00:16:41,433 to put on brand new parts on your very old vehicle? 379 00:16:41,500 --> 00:16:44,100 Because you're not saying that he didn't put on any parts. 380 00:16:44,165 --> 00:16:46,767 You're saying he didn't give you brand spanking new parts. 381 00:16:46,834 --> 00:16:51,600 The invoice that he gave me for the tires, is for new tires. 382 00:16:51,667 --> 00:16:56,767 And he just admitted that I gave him $2,460 for new tires. 383 00:16:56,834 --> 00:16:58,367 He didn't say for new tires. 384 00:16:59,867 --> 00:17:02,300 [Narrator] Coming up on Tribunal Justice... 385 00:17:02,367 --> 00:17:04,633 It costs me for a car, a regular car, 386 00:17:04,700 --> 00:17:06,532 to buy a tire, three, four hundred dollars. 387 00:17:06,599 --> 00:17:09,500 And you're gonna tell me for tires for that truck it's only costing 388 00:17:09,567 --> 00:17:11,165 four of five hundred dollars a tire? 389 00:17:11,233 --> 00:17:12,433 -It was five hundred-- -[DiMango] No, no. 390 00:17:12,500 --> 00:17:14,200 I didn't ask you what you were being billed. 391 00:17:23,367 --> 00:17:26,099 He said you gave him money for tires 392 00:17:26,165 --> 00:17:28,867 and he put the tires on the vehicle. 393 00:17:28,934 --> 00:17:33,100 Sometimes, when you repair a vehicle, in order to save money 394 00:17:33,166 --> 00:17:37,633 they use used parts. That's not fraud. Show me something that says, 395 00:17:37,700 --> 00:17:40,533 Here's a new part. Here's the price for a new part, 396 00:17:40,600 --> 00:17:42,734 and instead, you get a used part. 397 00:17:42,800 --> 00:17:47,333 I just don't see any evidence that he ever told you he was buying anything new. 398 00:17:47,400 --> 00:17:50,533 -That you ever said-- -I guess that was my assumption, 399 00:17:50,600 --> 00:17:53,266 -that he was buying new tires. -[Acker] Thank you! 400 00:17:53,333 --> 00:17:55,767 You just said exactly what I thought you were doing. 401 00:17:55,834 --> 00:17:57,533 You said it was an assumption. 402 00:17:57,600 --> 00:18:00,500 And you cannot give someone money for parts 403 00:18:00,567 --> 00:18:03,533 and then get parts that are maybe not new, 404 00:18:03,600 --> 00:18:06,367 and then say, well, I'm gonna sue you 'cause you didn't buy new parts. 405 00:18:06,433 --> 00:18:09,600 I mean, what proof do you have that you ever told him or-- 406 00:18:09,667 --> 00:18:12,300 If I was gonna put used tires on that tractor-trailer, 407 00:18:12,367 --> 00:18:14,934 I would've just kept the used tires that was on there. 408 00:18:15,000 --> 00:18:16,567 Not if they weren't working. 409 00:18:16,633 --> 00:18:18,934 Wasn't the whole reason you had to get new tires 410 00:18:19,000 --> 00:18:21,033 was because the current tires weren't working? 411 00:18:21,100 --> 00:18:24,700 The company that I'm with, I couldn't even hook up to the trailer 412 00:18:24,767 --> 00:18:26,867 without certain things being done. 413 00:18:26,934 --> 00:18:30,333 When you got the truck from him, you had to replace the tires 414 00:18:30,400 --> 00:18:32,900 Put new tires on it. It was, um... 415 00:18:32,967 --> 00:18:34,133 [Acker] Now I know the confusion. 416 00:18:34,200 --> 00:18:36,467 It was-- It was a couple of different things my company told me 417 00:18:36,533 --> 00:18:38,700 that had to be done in order for me to even 418 00:18:38,767 --> 00:18:40,033 start driving the truck. 419 00:18:40,100 --> 00:18:42,934 Do you know what I think happened? Because just now, you said, 420 00:18:43,000 --> 00:18:44,767 -"I had to put new tires." -[Alvin] Mm-hm 421 00:18:44,834 --> 00:18:47,667 Now when you say that "I had to put new tires on," 422 00:18:47,734 --> 00:18:49,934 do you mean that you had to put on brand new tires? 423 00:18:50,000 --> 00:18:52,333 Or do you mean that you had to replace-- Shh! Shh! 424 00:18:52,400 --> 00:18:54,133 Shh! Shh! Did you have to replace the tires? 425 00:18:54,200 --> 00:18:55,700 -Replace the tires. -You had to replace the tires. 426 00:18:55,767 --> 00:18:58,200 -Right. -And what I believe happened... 427 00:18:58,266 --> 00:18:59,867 because he made an assumption. 428 00:18:59,934 --> 00:19:01,333 I don't think you're a big liar. 429 00:19:01,400 --> 00:19:03,533 I don't think you're coming to court to run a game. 430 00:19:03,600 --> 00:19:05,834 But here is what I think because it just happened in the course 431 00:19:05,900 --> 00:19:07,433 of my examination. 432 00:19:07,500 --> 00:19:09,300 The tires needed to be replaced. 433 00:19:09,367 --> 00:19:11,367 He said, I gotta put on new tires. 434 00:19:11,433 --> 00:19:13,467 He didn't mean, I'm buying new tires. 435 00:19:13,533 --> 00:19:16,200 I think he meant tires that are new to the vehicle. 436 00:19:16,266 --> 00:19:19,767 When he said that, you thought you were getting brand spanking new tires 437 00:19:19,834 --> 00:19:21,600 but that's just not what happened. 438 00:19:21,667 --> 00:19:23,667 I actually think this is a misunderstanding. 439 00:19:23,734 --> 00:19:26,066 I don't see how your funds have been misused 440 00:19:26,133 --> 00:19:29,066 I'm going to let you pick that point up with Judge DiMango. 441 00:19:29,133 --> 00:19:31,200 However, Mr. Thomas, 442 00:19:31,266 --> 00:19:35,400 Do you admit that you did not pay for five weeks of leasing the truck? 443 00:19:35,467 --> 00:19:36,867 Correct, 'cause I had to be towed. 444 00:19:36,934 --> 00:19:39,967 I want you to think about this failing in your evidence. 445 00:19:40,033 --> 00:19:43,533 If you wanted to demonstrate that this vehicle in your possession 446 00:19:43,600 --> 00:19:46,734 was so inoperable that you didn't have to pay for it, 447 00:19:46,800 --> 00:19:49,500 I would expect there would be some communication 448 00:19:49,567 --> 00:19:52,633 in this evidentiary record, from you to the plaintiff 449 00:19:52,700 --> 00:19:56,500 saying, I can't drive it, so I'm not paying for it. 450 00:19:56,567 --> 00:19:59,367 Where is the evidence that the vehicle was inoperable 451 00:19:59,433 --> 00:20:01,567 -Do you want me to show it to you? -[Acker] Did you not submit it? 452 00:20:01,633 --> 00:20:02,934 [Alvin] I did. In the text. 453 00:20:03,000 --> 00:20:05,100 [Acker] The text messages that you submitted 454 00:20:05,166 --> 00:20:08,033 involved communications between you and the plaintiff 455 00:20:08,100 --> 00:20:12,333 about paying for some parts. When does the mechanic need to be paid? 456 00:20:12,400 --> 00:20:14,533 And you're talking about the muffler. 457 00:20:14,600 --> 00:20:18,066 What I do not see is any evidence the vehicle was inoperable 458 00:20:18,133 --> 00:20:21,867 to the point where you couldn't drive it, and let's get the value for your deal. 459 00:20:21,934 --> 00:20:22,967 It's one thing to say, 460 00:20:23,033 --> 00:20:26,066 I'm driving a truck that doesn't run as great as I wanted it to 461 00:20:26,133 --> 00:20:28,033 It's another to say, I can't use it at all. 462 00:20:28,100 --> 00:20:30,900 And I don't see evidence of the latter. Judge DiMango... 463 00:20:30,967 --> 00:20:33,600 You kept to till week five. You didn't return it on week three. 464 00:20:33,667 --> 00:20:34,700 -You kept it. -It was parked. 465 00:20:34,767 --> 00:20:35,934 It was parked in the yard. 466 00:20:36,000 --> 00:20:38,300 So you just kept it where you were. You never used it 467 00:20:38,367 --> 00:20:39,767 -for weeks four and five. -[Alvin] Couldn't. 468 00:20:39,834 --> 00:20:41,333 And whose yard was it in? 469 00:20:41,400 --> 00:20:42,800 My company's yard. 470 00:20:42,867 --> 00:20:45,800 [Alvin] And we had kept showing where he was supposed to come to pick it up. 471 00:20:45,867 --> 00:20:47,100 But he never did. 472 00:20:47,166 --> 00:20:49,300 He doesn't drive. He doesn't have a CDL. 473 00:20:49,367 --> 00:20:51,100 He doesn't know anything about trucking. 474 00:20:51,166 --> 00:20:52,333 When he purchased the truck, 475 00:20:52,400 --> 00:20:54,967 he sent two other guys that drove the truck before me 476 00:20:55,033 --> 00:20:56,533 -to pick it up. -[DiMango] That's a good point. 477 00:20:56,600 --> 00:21:00,166 The truck is sitting in his yard there for weeks four and five. 478 00:21:00,233 --> 00:21:03,300 How do you get the truck back from him and when do you take it back? 479 00:21:03,367 --> 00:21:08,200 I didn't get the truck back until... until sometime in July. 480 00:21:08,266 --> 00:21:10,734 Because I had called him a couple times to try to figure out-- 481 00:21:10,800 --> 00:21:13,800 Because once he didn't pay me for the last two weeks of that month, 482 00:21:13,867 --> 00:21:16,934 then I was like, hey man, where's the key at for my truck? 483 00:21:17,000 --> 00:21:19,600 [DiMango] Right. Because you knew you had to make arrangements to go get it. 484 00:21:19,667 --> 00:21:22,333 And I paid another driver to pick the truck up and take-- 485 00:21:22,400 --> 00:21:23,500 And it was parked 486 00:21:23,567 --> 00:21:25,000 -where he said in his lot. -Correct. 487 00:21:25,066 --> 00:21:26,500 -So, he didn't-- -Still in their-- 488 00:21:26,567 --> 00:21:28,533 in their-- in the lot where he was at. 489 00:21:28,600 --> 00:21:31,100 So you might not have use the truck for those last two weeks. 490 00:21:31,166 --> 00:21:32,667 Now my question to you is... 491 00:21:32,734 --> 00:21:34,734 'cause you know something, I'm guessing about 492 00:21:34,800 --> 00:21:38,066 What does it cost to buy a new tire for a truck? 493 00:21:38,133 --> 00:21:42,033 For four new tires it's gonna be around $2,600. 494 00:21:42,100 --> 00:21:43,567 -That's what I was paying-- -So wait a minute... 495 00:21:43,633 --> 00:21:46,834 it cost me for a car, a regular car, to buy a tire, 496 00:21:46,900 --> 00:21:48,667 three, four hundred dollars. And you're gonna tell me 497 00:21:48,734 --> 00:21:52,800 for tires for that truck it's only costing four, five hundred dollars a tire? 498 00:21:52,867 --> 00:21:54,500 -For a new one? -For four new ones. 499 00:21:54,567 --> 00:21:57,200 Now, how about-- No! I'm asking you one tire. 500 00:21:57,266 --> 00:21:59,166 One tire cost how much? 501 00:21:59,233 --> 00:22:01,266 You're telling me $400? 502 00:22:01,333 --> 00:22:02,700 -It was five hundred-- -[DiMango] No, no. 503 00:22:02,767 --> 00:22:04,633 I didn't ask you what you were being billed. 504 00:22:04,700 --> 00:22:09,166 I'm asking you, do you know, independently, what it cost to go out-- 505 00:22:09,233 --> 00:22:12,767 In other words, if we went online and we look now for a new truck tire 506 00:22:12,834 --> 00:22:16,333 would we learn that it's around $800 per tire? 507 00:22:16,400 --> 00:22:18,767 Some of them can run you that amount. 508 00:22:18,834 --> 00:22:22,633 Uh, but there are some that you can get somewhere around about $500 bucks 509 00:22:22,700 --> 00:22:25,100 How about $856 for one tire? 510 00:22:25,166 --> 00:22:26,233 How about that amount? 511 00:22:26,300 --> 00:22:29,500 You can get them for eight hundred and something dollars per tire. 512 00:22:29,567 --> 00:22:31,567 So the thing is... 513 00:22:31,633 --> 00:22:34,400 When do you ever buy them for $500? 514 00:22:35,500 --> 00:22:36,967 [Narrator] To be continued... 515 00:22:37,767 --> 00:22:39,600 Having a family dispute? 516 00:22:39,667 --> 00:22:42,900 Let Tribunal Justice decide your case! 517 00:22:42,967 --> 00:22:45,934 Find us on social media @tribunaljustice.tv