Public Mediation

Paradise Point Engine And Boat

C. L. vs. Paradise Point Engine And Boat Repair
8090 Rio Blanco Rd, Stockton, California, 95219-8703, United States
Amount Involved: $19,797.10
Complaint(s): Bad business practices
    • Status: In Negotiation
      This claim has posted for public comment and negotiation. It will remain posted until resolved to the claimant's satisfaction. Suggest a resolution to help these parties reach a settlement.
      (seeking public comment)
    • Claimant Seeks: View.
    • Claim #: 9455349
    • Amount Involved: 19,797.10
    • Filed On: Feb 16, 2016
    • Posted On: Mar 29, 2016
    • Complaint(s):
      • Bad business practices
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Statement of Claim
Claimant says:
"Paradise Point Engine and Boat Repair
8090 Rio Blanco Rd.
Stockton, CA 95219
Attn: Garland Powell; Shop Manager

January 18, 2016

RE: Alleged Concealment of Upper Engine VZ225STLRC2004(STE66231F304) Damaged 09/19/2015 Incident

Alleged motivation for negligent behavior; concealment of discovery of blown upper unit power heads:
Since Garland Powell (you) never comprehending the establish cause of cable or chain rapping propeller and stopping engine (major upper and lower unit damage). You believed it was ware on barring, therefore, any further damages concerning upper unit you could not support as related to incident and did not desire my boat remaining an indefinite period awaiting settlement. It was in the shop's interest to provide the approved work on lower unit and return boat for payment. No definitive evaluation of spontaneous damage to upper unit was performed by you. I expected a definitive evaluation on upper unit before now.

Upon initial evaluation and (approximate or expected) final repair December 23, 2015 4:00pm of the lower unit there was already enough evidence resulting from traumatic stoppage of propeller and damaged parts to warrant tare down inspection of power head prior to now. All damaged parts except one was disposed (see below) of and done without permission was given to destroy or dispose of any damaged parts. It appears you further attempted to conceal the discovery of the power heads, already blown. The excellent condition, working power head compressor and low hours on the motor points to a timely failure following the in-valet water test with an improper propeller, a Mercury propeller recommended by you, Garland Powell, it's maid for opposition rotation reducing drag and stress prolong final fail. Further concealment, raising the height of engine mounts further reducing drag and stress, further concealment to make it appear it was something other than the engine causing the boat performance problem, it never had the same performance, feel or power and it never cut off after starting before. You and another staff were present at launch, launching your personal boat after I launched my boat (ready to come get me knowing engine was going to fail and did fail but I made it back before dark on a rainy cloudy day early sun down).Mean while, I took off, got on plane, no power, started missing, sputtering, I turned around, I made it near 5 mph zone engine cut off, it would not restart, it continued to back fire when I tried to restart engine with you present.

1. Drive Shaft damaged remaining part broken in two pieces received January 15, 2016
2. No photos of damage parts lower unit, 13-13 pages other photos, no lower unit internal parts photographed.
3. Disposal and or destruction of Owner Property without permission.
4. Never comprehending cause of damage resulting poor evaluation of damages to upper unit.
5. Cylinders was later tested by another shop with blown power head still held compression due to excellent condition, compressor and low hours of engine.
6. Drive shaft was sheared in half at thickest point shaft diameter OEM Yamaha part was machined as a single piece of work not welded.
7. Circular spiral patterns on sheared surfaces resulting from shearing upon external stoppage of the engine via propeller stoppage from cable or chain rapping around it (in-comprehensible to you).
8. Engine raised engine re-mounting Mercury is the wrong propeller to be recommended and mounted on first water test, no torque, no performance, made for opposite spin torque, fanning watering, no power heads blown reduce power no failure yet (concealment).
9. It appears you again further were attempting to conceal existing damages to upper unit reducing water displacement raising engine, recommendation Mercury propeller (wrong propeller) only served to conceal the damage power head.
10. A Yamaha propeller was ordered and purchased on January 4, 2016 from you, re-mounted to spec and tested by me with (2 Shop) staff on boat docks, during the test, getting on plan I did not fell the same drive performance, the engine sputtered turn back toward the docks and engine completely failed, the power heads were already blown due to prior damage of original incident traumatic propeller stoppage, resulting in loud squeal (metal shaft twisting generating heat shearing in two) and engine back firing and smoke (blown power heads 09/19/2015). Cable or chain rapped around propeller stopping engine traveling west 35mph passing large tanker New Pearl on main San Joaquin River causing major damages to upper and lower units. In hindsight; once the timing is off on the heads the valves must be adjusted immediately to save the power head, however, I have no control of this due to external traumatic engine stoppage it all happen all at once.

Respectfully Submitted

Clyde Livingston, contact 209 688-6824
CC: Geico Marine Insurance, California Department of Insurance

"
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Exhibits View
Additional Communication Between Claimant and Paradise Point Engine And Boat Repair Hide
  • Feb 20, 2016, Claiming party added:
  • Paradise Point Engine and Boat Repair
    8090 Rio Blanco Rd.
    Stockton, CA 95219
    Attn: Garland Powell; Shop Manager

    January 18, 2016

    RE: Alleged Concealment of Upper Engine VZ225STLRC2004(STE66231F304) Damaged 09/19/2015 Incident

    Alleged motivation for negligent behavior; concealment of discovery of blown upper unit power heads:
    Since Garland Powell (you) never comprehending the establish cause of cable or chain rapping propeller and stopping engine (major upper and lower unit damage). You believed it was ware on barring, therefore, any further damages concerning upper unit you could not support as related to incident and did not desire my boat remaining an indefinite period awaiting settlement. It was in the shop's interest to provide the approved work on lower unit and return boat for payment. No definitive evaluation of spontaneous damage to upper unit was performed by you. I expected a definitive evaluation on upper unit before now.

    Upon initial evaluation and (approximate or expected) final repair December 23, 2015 4:00pm of the lower unit there was already enough evidence resulting from traumatic stoppage of propeller and damaged parts to warrant tare down inspection of power head prior to now. All damaged parts except one was disposed (see below) of and done without permission was given to destroy or dispose of any damaged parts. It appears you further attempted to conceal the discovery of the power heads, already blown. The excellent condition, working power head compressor and low hours on the motor points to a timely failure following the in-valet water test with an improper propeller, a Mercury propeller recommended by you, Garland Powell, it's maid for opposition rotation reducing drag and stress prolong final fail. Further concealment, raising the height of engine mounts further reducing drag and stress, further concealment to make it appear it was something other than the engine causing the boat performance problem, it never had the same performance, feel or power and it never cut off after starting before. You and another staff were present at launch, launching your personal boat after I launched my boat (ready to come get me knowing engine was going to fail and did fail but I made it back before dark on a rainy cloudy day early sun down).Mean while, I took off, got on plane, no power, started missing, sputtering, I turned around, I made it near 5 mph zone engine cut off, it would not restart, it continued to back fire when I tried to restart engine with you present.

    1. Drive Shaft damaged remaining part broken in two pieces received January 15, 2016
    2. No photos of damage parts lower unit, 13-13 pages other photos, no lower unit internal parts photographed.
    3. Disposal and or destruction of Owner Property without permission.
    4. Never comprehending cause of damage resulting poor evaluation of damages to upper unit.
    5. Cylinders was later tested by another shop with blown power head still held compression due to excellent condition, compressor and low hours of engine.
    6. Drive shaft was sheared in half at thickest point shaft diameter OEM Yamaha part was machined as a single piece of work not welded.
    7. Circular spiral patterns on sheared surfaces resulting from shearing upon external stoppage of the engine via propeller stoppage from cable or chain rapping around it (in-comprehensible to you).
    8. Engine raised engine re-mounting Mercury is the wrong propeller to be recommended and mounted on first water test, no torque, no performance, made for opposite spin torque, fanning watering, no power heads blown reduce power no failure yet (concealment).
    9. It appears you again further were attempting to conceal existing damages to upper unit reducing water displacement raising engine, recommendation Mercury propeller (wrong propeller) only served to conceal the damage power head.
    10. A Yamaha propeller was ordered and purchased on January 4, 2016 from you, re-mounted to spec and tested by me with (2 Shop) staff on boat docks, during the test, getting on plan I did not fell the same drive performance, the engine sputtered turn back toward the docks and engine completely failed, the power heads were already blown due to prior damage of original incident traumatic propeller stoppage, resulting in loud squeal (metal shaft twisting generating heat shearing in two) and engine back firing and smoke (blown power heads 09/19/2015). Cable or chain rapped around propeller stopping engine traveling west 35mph passing large tanker New Pearl on main San Joaquin River causing major damages to upper and lower units. In hindsight; once the timing is off on the heads the valves must be adjusted immediately to save the power head, however, I have no control of this due to external traumatic engine stoppage it all happen all at once.

    Respectfully Submitted

    Clyde Livingston, contact 209 688-6824
    CC: Geico Marine Insurance, California Department of Insurance

  • Feb 20, 2016, Claiming party added:
  • Evidence of Omissions that were made by Geico Marine Insurance demonstrating merit for my refund and any other amounts loss in the process of concealment. Disposal of owner parts major violation hiding the evidence need to make this claim clear but was denied.

  • Feb 20, 2016, Claiming party added:
  • Paradise Point Engine and Boat Repair
    8090 Rio Blanco Rd.
    Stockton, CA 95219
    Attn: Garland Powell; Shop Manager

    January 18, 2016

    RE: Alleged Concealment of Upper Engine VZ225STLRC2004(STE66231F304) Damaged 09/19/2015 Incident

    Alleged motivation for negligent behavior; concealment of discovery of blown upper unit power heads:
    Since Garland Powell (you) never comprehending the establish cause of cable or chain rapping propeller and stopping engine (major upper and lower unit damage). You believed it was ware on barring, therefore, any further damages concerning upper unit you could not support as related to incident and did not desire my boat remaining an indefinite period awaiting settlement. It was in the shop's interest to provide the approved work on lower unit and return boat for payment. No definitive evaluation of spontaneous damage to upper unit was performed by you. I expected a definitive evaluation on upper unit before now.

    Upon initial evaluation and (approximate or expected) final repair December 23, 2015 4:00pm of the lower unit there was already enough evidence resulting from traumatic stoppage of propeller and damaged parts to warrant tare down inspection of power head prior to now. All damaged parts except one was disposed (see below) of and done without permission was given to destroy or dispose of any damaged parts. It appears you further attempted to conceal the discovery of the power heads, already blown. The excellent condition, working power head compressor and low hours on the motor points to a timely failure following the in-valet water test with an improper propeller, a Mercury propeller recommended by you, Garland Powell, it's maid for opposition rotation reducing drag and stress prolong final fail. Further concealment, raising the height of engine mounts further reducing drag and stress, further concealment to make it appear it was something other than the engine causing the boat performance problem, it never had the same performance, feel or power and it never cut off after starting before. You and another staff were present at launch, launching your personal boat after I launched my boat (ready to come get me knowing engine was going to fail and did fail but I made it back before dark on a rainy cloudy day early sun down).Mean while, I took off, got on plane, no power, started missing, sputtering, I turned around, I made it near 5 mph zone engine cut off, it would not restart, it continued to back fire when I tried to restart engine with you present.

    1. Drive Shaft damaged remaining part broken in two pieces received January 15, 2016
    2. No photos of damage parts lower unit, 13-13 pages other photos, no lower unit internal parts photographed.
    3. Disposal and or destruction of Owner Property without permission.
    4. Never comprehending cause of damage resulting poor evaluation of damages to upper unit.
    5. Cylinders was later tested by another shop with blown power head still held compression due to excellent condition, compressor and low hours of engine.
    6. Drive shaft was sheared in half at thickest point shaft diameter OEM Yamaha part was machined as a single piece of work not welded.
    7. Circular spiral patterns on sheared surfaces resulting from shearing upon external stoppage of the engine via propeller stoppage from cable or chain rapping around it (in-comprehensible to you).
    8. Engine raised engine re-mounting Mercury is the wrong propeller to be recommended and mounted on first water test, no torque, no performance, made for opposite spin torque, fanning watering, no power heads blown reduce power no failure yet (concealment).
    9. It appears you again further were attempting to conceal existing damages to upper unit reducing water displacement raising engine, recommendation Mercury propeller (wrong propeller) only served to conceal the damage power head.
    10. A Yamaha propeller was ordered and purchased on January 4, 2016 from you, re-mounted to spec and tested by me with (2 Shop) staff on boat docks, during the test, getting on plan I did not fell the same drive performance, the engine sputtered turn back toward the docks and engine completely failed, the power heads were already blown due to prior damage of original incident traumatic propeller stoppage, resulting in loud squeal (metal shaft twisting generating heat shearing in two) and engine back firing and smoke (blown power heads 09/19/2015). Cable or chain rapped around propeller stopping engine traveling west 35mph passing large tanker New Pearl on main San Joaquin River causing major damages to upper and lower units. In hindsight; once the timing is off on the heads the valves must be adjusted immediately to save the power head, however, I have no control of this due to external traumatic engine stoppage it all happen all at once.

    Respectfully Submitted

    Clyde Livingston, contact 209 688-6824
    CC: Geico Marine Insurance, California Department of Insurance

  • Feb 22, 2016, Claiming party added:
  • Could not follow through with basic maintenance requirements to make any diagnosis on engine unable to retrieve engine hours, by Paradise Point.

  • Feb 22, 2016, Claiming party added:
  • All information erroneous due to ECM not operating and needing replacement to make diagnosis on engine systems, maintenance network updates and diagnosis, without head cover removal to inspection power heads (most significant system) is integrity of engine was breached.

What Claimant Wants Hide
1. Including recovery of concealed damages and labor totaling Mar 19, 2016 $19,797.10
Cash total : $19,797.10
  • 0
Do you agree with the claimant’s demands?  (If you are a party to this claim, click here.)

Respondent's Counteroffer


There has been no response to this claim from Paradise Point Engine and Boat Repair. This claim will remain posted until resolved
Offer History
Feb 22, 2016
Claimant's Terms of Settlement to Paradise Point Engine and Boat Repair
Feb 16, 2016
Claimant's Terms of Settlement to Paradise Point Engine and Boat Repair
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