2010 MTWCC 16 - Workers' Compensation Court

27 Hallquist testified that mechanics commonly share garage spaces in acooperative arrangement such as the one at 810 East Iron Street. 41 Hallquist stated thatevery mechanic who has worked in the shop owned his own hand tools. 42 Theindividual mechanics also owned larger equipment such as welders and torches. 43Hallquist noted that there are commonly-understood “ground rules” to sharing garagespace: for example, mechanics do not borrow tools without permission and they returntools in the same condition as they were when borrowed. Hallquist noted that the toolsrequired for automotive repair are numerous and expensive, and no mechanic ownsevery tool he might possibly need. 44 Hallquist estimated that he personally ownsapproximately $250,000 worth of hand tools and diagnostic equipment. He stated thatRichter owned one of the largest sets of tools in the shop, and estimated its value at$80,000 to $90,000. He estimated that Wyatt owns $30,000 to $40,000 worth of tools. 4528 Hallquist noted that independent mechanics also need to share knowledge, andmost mechanics will advise each other on difficult repair jobs. 46 Hallquist occasionallygave advice to the other mechanics who worked at 810 East Iron Street, but he neverset schedules or told anyone what hours to work. Hallquist testified that all themechanics are free to come and go and have keys to the property. 4729 Hallquist testified that each mechanic who worked at 810 East Iron Street couldorder parts in any manner he wanted, but items purchased through the P & MTransmission accounts received volume discounts. 48 Hallquist knew that Blackwoodhad parts accounts prior to coming to work at the shop, but Blackwood used the P & MTransmission accounts instead of his own because the discounts were better. 49Hallquist authorized the individual mechanics to order parts from various suppliers usingthe P & M Transmission business accounts with the understanding that the mechanicswould pay for those parts in cash. 50 Hallquist testified that the P & M Transmission partsaccounts were also used by other mechanics in Butte. The parts orders were a highenough volume to qualify P & M Transmission for a very favorable discount rate.41 Hallquist Dep. 48:6-22.42 Hallquist Dep. 10:16-22.43 Trial Test.44 Hallquist Dep. 52:13-24.45 Hallquist Dep. 52:25 – 53:11.46 Hallquist Dep. 53:19 – 54:6.47 Trial Test.48 Trial Test.49 Trial Test.50 Pretrial Order at 2-3, Uncontested Facts.Findings of Fact, Conclusions of Law and Judgment- 10