You have probably seen these slogans on shirts, at the trade shows or other events.

If not - you will - in the future!

"AHHHH" We Bought Franklin Manufacturing (FMI) Equipment

For "Scary" Facts Of Our Experience Email or Logon To Sharpstructuralinc.com Email Link

      The slogans aroused your curiosity, or perhaps you are in the decision process of capital equipment purchase.

If so, and Franklin Manufacturing (FMI) is one of your options, you might want to contact a former customer by filling out the form on the contact page with the words "Equipment Purchase fmi ?" (copy and paste if you like). We will contact you to discuss our situation in detail.

For brief description;

We bought a half-a-million dollar machine from Franklin in early 2002. We are now in mid 2007 the trial is over; Fmi was found guilty on all counts by an 8 person jury. See “The Verdict” below.

The machine never produced any reasonable quantity of usable parts.

For nearly 4 years it has set in storage with a tarp over it, as it was less expensive to make the payments to the lending company than it was to turn it on!

The Trial and The Verdict

In April of 2006 we had our “Day in Federal Court”; the 8 person jury unanimously decided in our favor, and found Franklin Manufacturing guilty of all counts brought before the court.

The Trial_*

Interestingly, during the trial when the owner/president of Franklin Manufacturing (Danny Gist) was on the witness stand he was asked by our attorney (not exact wording) if he felt he should tell a customer that the other machines Franklin had installed, were failures. Danny Gist said “NO”.


The Verdict_*

Under the BREACH OF WARRANTY section of the Verdict

Questions to jury                                                        Jury’s Response

 

Did Franklin Breach the terms of the warranty?  -------------------------  YES

 

Did Sharp suffer harm as a result of Franklins             

Breach of Warranty?                                                  ----------------------- YES

 

 

If you found that Franklin breached the warranty,                   

What amount of compensatory damages is plaintiff                 -----------------  Undisclosed (but healthy 7 figures)

entitled to recover for franklins breach of warranty?                

 

Do you find that Sharp’s claims are contractually

limited by the terms of the limited warranty to                ----------------  NO 

only asserting a claim for breach of warranty?

 

 

Under the  CONSUMER FRAUD section of the Verdict

 

Did Franklin make false representation to Sharp?    ---------------------  YES  

 

Was Franklin’s false representation made in

connection with the sale or advertisement                ---------------------  YES

of merchandise?

 

Did Sharp rely on Franklin’s false representation? ----------------------  YES

 

Was Sharp damaged as a result of its reliance      

of Franklins false representation?                           ----------------------- YES

 

 

 

Under the  NEGLIGENT MISREPRESENTATION section of the Verdict

 

Did Franklin fail to exercise reasonable

care or competence in making a false                         -----------------------YES

misrepresentation of material fact to Sharp?

 

 

Did Franklin intend for Sharp to reasonable

rely on any false misrepresentation of                          ---------------------- YES

material fact made to Sharp?

 

As you can see Franklin was found guilty on every count that

we brought before the court, FEDERAL COURT, mind you.

 

_*As a disclaimer and to clarify the above information, not every word of the verdict is included. Not every word of the trial is included. This information is here to assist the many inquiries we have had concerning the litigation and the outcome of the trial. The entire case is a matter of public record filed in the Federal Courts in Tucson Arizona. If you have any question as to the detailed information please feel free to obtain a complete copy of the case.

An important note; the representations fmi made to us, are the same representations in the advertisements sent via US Mail, as well as the representations in the videos received. This is the same information/advertising materials the jury used to decide that fmi was guilty of fraud and negligent misrepresentations.