Farmer injured in tractor fire

Hey everyone, I decided to join this forum b/c LexisNexis and WestLaw are giving me no help on an issue that a firm's partner asked me to research. Any help would be greatly appreciated! Thanks.

Here's the scenario:

A few years ago, Farmer bought a used John Deere tractor from Dealership. Although most farmers make their own repairs on their farm equipment, Farmer elects to contract the repair work out to Dealership's mechanic. So once a year, before the annual harvest, Farmer takes his tractor to Dealership for inspection and repairs. This year, Farmer sent in his tractor to Dealership who then inspected the tractor, found a number of problems, gave Farmer an estimate, and then made the repairs with Farmer's permission. Some months later, due to a faulty hose in the engine, the tractor caught fire and Farmer was seriously injured as a result. Unfortunately, the statute of limitations has run for any product liability claim against the manufacturer of the tractor.
Does Farmer have a claim in negligence against Dealership? If so, what must he prove?
Does Farmer have a claim in implied warranty against Dealership? If so, what must he prove?

"A firm's partner"?? You are a member of a law firm and you are being asked to answer this question? LOL ANY chance this is a school work assignment?? ANY partner in a law firm KNOWS the answer to this. I know the answer---and I'm a lowly law student.

P.S. Lexis Nexis and Westlaw DO provide the answer to your question--but you have to SEARCH and read case law to find it. Maybe that is what your teacher intended?

you assume too much. yes I am also a law student, but this is an assignment from the firm i clerk at. the partner and i both know we can always make out a simple negligence case, but he told me to explore every avenue - it's called being SMART and being THOROUGH, using every resource available to you. and it's quite possibley a case of first impression. maybe you're only a 1L, but you'll learn about that concept someday.

I've explored the case law and made out a case for negligence but am having difficulty finding cases dealing with repairmen, mechanics, etc. and the standard of care they are held to when someone brings something to them and says, "here, give this whole thing a tune-up", rather than just a failed brake-job case on an automobile (of which i've already found plenty).

if you're so arrogantly sure of yourself on this one "Gentle" (or should i say "high and mighty"?) Grace, why not help me out rather than hurl insults? Is it because you truly don't know the answer yourself and are afraid to admit it? Or is it because your own idea of qualifying as a "law student" consists of doling out masses of unwanted advice that you picked up from surfing the net and watching re-runs of Law & Order rather than attending a legitimate, ABA accredited law school?

Your quote about kneeling before God is ironic considering you just demonstrated that you have yet to learn the virtues of humility and GRACE (no pun intended). I hope that some day you don't practice, if at all, in my state. You bring down the reputation of the Bar.

If everyone is as gracious and helpful as you on this forum, then I guess this resource is a waste of my time. Please don't respond with anymore nastygrams, thanks.

God Bless.

God, I love it when I'm right. Zinggggggggg.

Oh, yes, when busted, launch personal attack. I did not hurl a single insult. At no time did I reference or speculate upon your character, your intelligence, or your education. Yet, your only substantive reply is to engage in all three. Well done, "Counselor", and good luck taking THAT into a court room.

Law Firm Partner to lower ranking employee: GET information about such and such.

POSSIBLE scenario number one: Law firm partner really doesn't KNOW the answer and shouldn't hold a license to practice law if he must ASK a law student to obtain it for him.

How likely is this scenario? Not likely.

POSSIBLE scenario number two: Law firm partner really DOES know the answer and he wants to see if law student knows the answer.

How likely is this scenario? More likely.

POSSIBLE scenario number three: Law firm partner really DOES know the answer and he is aware that law student does not and wants to test the law students fact finding ability, research skills, and accuracy.

How likely is this scenario? Most likely.

Did you really think for a moment that your superior (who, in all likelihood is NOT dependant upon a law student for information ) intended for you to ASK for an answer in a public forum from perfect strangers? Surely you jest.

Also, all of the research in the world does little if you do not know how to spell it correctly, and present it in a proper fashion. "The law firm I clerk at"? (cringe) How about "The law firm at which I (am a) clerk?" And, I can also assure you, with a great deal of confidence that "possibly" has never, in the course of the ages hence, been spelled "possibley". Oh yes, do reply and inform me how it doesn't matter how you spell, that this isn't a spelling class, yada yada. Law is about accuracy and oftentimes, winning or losing a case comes down to PRESENTATION. Period. The details DO matter. Master them. It's half the battle.

The bottom line: You aren't searching correctly. Change your Boolean search terms. I spent less than twenty minutes researching this exact topic --and found four cases which I feel are appropriate. I would be more than glad to submit them for your consideration, but I cannot possibly imagine you would want this information from me--being as devoid of character, intelligence, and education that I am.

Maybe, just for fun, I'll post quotes from them at random and let you GOOGLE them so you can see for yourself I'm telling the truth --just for the satisfaction of knowing that while you would never admit it, you would be chagrined to no end to know that I did.

Good Luck, Skippy. (soft laugh)

(Note: this is how a reply is written without engaging in speculative attacks on someone's education, character, etc. Doing so doesn't reflect poorly on ME, it makes readers of this forum think, "Wow, she must have hit a nerve--look at the guy--right off the deep end.)

Lady, you're nuttier than a box of cracker jack.

Ohh, you have no idea. Look--we finally agree on something