Day 229 July 17, 2002

Today is the day of reckoning. Time for the guilty to pay up and the violated to be reimbursed. Well it was a great theory, and you know how well theories work in the real world. My plan for the week was this. Today, Wednesday, I have my court date with the non well driller. Following that, I plan to head to the cabin to begin the final phase of construction. 8 AM tomorrow morning I have the delivery of my final load of materials, 4200 pounds of tongue and groove pine boards for my ceilings and 1 x 4 interior window trim. I have rented a forklift ($225) to lift the pallet off the truck. It is being delivered to my driveway this evening. Since the T+G needs time to acclimate inside the cabin, I plan on installing all the interior window trim first. I also brought up my new electric stove to install, which will complete the kitchen.

As you may recall, at my last court appearance (#3), the presiding judge demanded that the well guy and his lawyer bring the mechanic who allegedly repaired the well guy's water truck into court to explain why he charged so much and what he actually did to the truck. The "invoice" for the work showed oil, oil filters (big diesels have 2) fuel filters, transmission fluid and "rears" which I can only assume means differential oil. It also says something to the effect of checking all linkages and repairing the lights. The total was for $1100. The invoice is not marked paid nor is it a receipt. I was very excited to question this "mechanic" on the stand because as most of you know, I happen to be an expert in that field and I was confident I would be able to render his testimony useless. I also felt that the defense was walking a very fine line between defending their case and defaming my spotless reputation (automotively speaking, that is).

I arrived at court early and prepared as best I could in the van. Although my brother has been guiding me, I don't know exactly what to expect because A) I am not a lawyer. B) Each town does this differently. C) I am not a lawyer. The reason I didn't hire a lawyer is because A) It doesn't make sense to me to spend $1000 to get back $2000 if I can do it myself. B) I feel I have a strong enough case that the facts should speak for themselves. C) I would rather loose the case than make a lawyer money to represent me, the good guy. I shouldn't need a lawyer.

Anyway, back in court, the well guy and his judge/lawyer arrive, without the mechanic. This does not surprise me. What does surprise me is that the Judge seems to have no recollection of why he had postponed the trail last time. He doesn't even mention the mechanic. We are sworn in and I proceed to the podium to state my case. I read the highlights from the trial brief my brother and I worked on, stating how I had hired the well guy on July 28, 2001, given him a $2000 check for the deposit, and expected him that Saturday to drill the well. I explained how he failed to show, how I called him four times to discuss it and find out when he would be coming. I entered my phone records into evidence. I explained how he again failed to show and gave all the dates and excuses the well guy had provided. I freely admitted that I had told him on 10/31/01, three months after waiting and being lied to repeatedly, that I would set his truck on fire if he didn't return my deposit in 24 hours. I told the judge I had moved the water truck, accidentally breaking the mirror, and had removed the ignition switch to prevent the well guy from taking it until I had my money back. I called the well guy as a witness and asked him a few questions. He, of course, lied. He said he had told me when I hired him that his rig was broken and that I would have to wait for my well and that I was OK with that. He stated that he loaned me the water truck as a courtesy so that I could begin construction. I asked him if I hired him to drill me a well or to loan me a water tank. He didn't answer and the judge didn't make him. I asked him how long I had agreed to wait and he said he didn't really remember. I asked him why someone on a three month leave of absence on a tight schedule would agree to an indeterminate delay if he was supposed to be building a foundation in two weeks. He couldn't say. His lawyer asked him if the water truck he had loaned me was picked up in the same condition it was left in. He said no, the truck was moved and the right mirror was broken. He said he had taken the truck to a mechanic to have it looked at because he was afraid I had done something to it and didn't feel safe driving it. He said the mechanic didn't find any damage. The judge asked me if I had anything more to say and I said that if I knew more about the legal system I probably would but since I didn't, no. Both sides gave summaries and we rested. Then the well guy's lawyer did something I feel is a low, dirty, lawyerly scum trick. He said to the judge that since that since any reasonable person would get their truck checked out after a disagreement like we had had, he felt that the $1000 bill for the truck maintenance should be used to offset any judgement he felt the plaintiff was entitled to. He went on to talk of how the mechanic was a trusted local guy who had done work for the well guy in the past and even though there was no damage found the bill should be used "by way of offset". He in effect was able to testify about the mechanic and truck while I wasn't. Fortunately, I don't believe the Judge bought it. He asked to see a paid receipt for the work that was invoiced and they didn't have one. The well guy said he could probably find one at home. The Judge gave him another week to send the proof in to court. The judge then turned to me and lectured me like a delinquent child about what I had said I would do to the well guy's truck if he didn't pay me back. He told me I could be sent to jail and fined $1000. He chastised me for disabling the water truck, asking me how I would feel if someone did it to my property. I said what he wanted to hear, but quite frankly, in my mind, I would never rip someone off so no one would ever need to. He didn't lecture the well guy for anything. He said he would decide the case and mail out the verdict in two weeks. Great. More waiting. Feeling like a used tissue and disgusted with the whole legal system, I headed out to the cabin. As I drove up the driveway I noticed the phone line was on the ground. I chuckled to myself. I continued up the drive and saw that the power lines were also on the ground. A big tree (75') split down the middle and fell on the wires.

I went inside and unloaded the van. All the food in the fridge was spoiled, and the food I just bought was about to. The forklift wasn't there, it was due in at 5 PM. I sulked for a while. Around 8 PM it still hadn't shown, so I figured I'd better head in to town to find a phone and call the rental company. I also had to call Laurie to let her know she wouldn't be able to reach me. As I was driving to town I happened to glance at one of my neighbor's' driveway and low and behold there was the forklift. I knocked on their door but they weren't home. I brought the van back to the cabin, walked down to the neighbor's, fired up the forklift and drove down the road to my driveway. The forklift wouldn't go up the driveway because it hasn't rained in weeks and the driveway is dusty and loose, causing the tires to spin since there is no weight on them. I turned it around and drove it up backwards. Somewhat relieved, I went to town and called Laurie to fill her in. I couldn't get her as she was still at her swim meet. After four tries, I went back to the cabin around 11:30 and went to bed. I woke up early as my delivery was scheduled for 8 AM. Around 8:30 I headed to the bottom of the driveway in case the driver was driving back and forth lost. I waited down there until after 11 AM and still no truck. By now I'm pacing because the forklift is only rented until noon. At 11:45 I grabbed the phone book and headed back to town to call the log home company, the rental place and the electric company. First the log home company. They apologize and tell me their driver called in sick and my delivery wouldn't be coming. They said they would reimburse me for the $225 forklift rental and have the driver unload the delivery now scheduled for a week from Monday. I can live with that I guess. I next called the rental company to tell them that when they come to pick up their machine they won't find it where they left it. We all had a good laugh. The owner said "that's what I get for sending the genius". I next called NYSEG. I told them I had live wires on the ground and they said they would be there as soon as they could. I didn't call the phone company because I wanted the live wires off the ground first. I finally got a hold of Laurie and told her all the details. She calms me down. I head back to the cabin and NYSEG is already there. Two guys, they make quick work of the repair. They tape up the ends of the wire (still live) as I watch and bug them. Turns out one of the guys is a racing fan and we chatted about all kinds of racing. They cut the tree limbs off the wires and used the bucket truck and a pulley system to pull the wires back up. They re-spliced them in and I was back in business. Thank you NYSEG. After they left I spliced in a patch on the phone line and called Verizon. I told them my phone line was down on the ground. The guy on the other end said "isn't that the line you are calling me from?" I told him I spliced the wires back together so I didn't have to go back to town to call him. He said they would be there tomorrow. I won't. Since I have no lumber, I installed my new stove and went home.