2010 MTWCC 16 - Workers' Compensation Court

of their bills and receipts. 67 Hallquist stated that he functioned more like a secretary orservice writer than like a shop foreman because a foreman typically tells mechanicswhat to do and when to do it, and he did not have any authority to tell the mechanicswhen or how to do their jobs. 6841 Hallquist testified that he and the other mechanics never put much effort intoadvertising their respective businesses because they all had enough work withoutadvertising. 69 Wyatt, Loomis, and Caldwell each advertised his business in somefashion, however. Loomis passed out business cards and distributed flyers at bars andother businesses. Caldwell placed business cards in various parts houses. Until arecent downturn in business, most of Wyatt’s advertising was word-of-mouth. 70 Hallquistexplained that after Caldwell left, he and Wyatt discussed advertising more aggressivelybecause they had difficulty paying the overhead with only two mechanics using theshop. They came up with the idea of advertising the available bay as a rental space forindividuals to work on personal vehicles. 71 Wyatt has been promoting this servicethrough flyers. 7242 Hallquist is not aware of any independent advertising by Blackwood, but heopined that Blackwood had established a large clientele throughout his years as amechanic. Hallquist stated that Blackwood operated a mobile diesel repair businessprior to coming to work at the shop. 73 Hallquist testified that Blackwood preferredworking on diesels and when he left the P & M Transmission shop, he did repair workon diesels exclusively for a period of time. At the time of Hallquist’s deposition, he hadnot seen Blackwood in approximately six months and did not know if Blackwood wasstill working as a diesel mechanic. 7443 Hallquist did not know if Richter did any independent advertising, but he knewthat Richter had run an automotive repair shop in Deer Lodge prior to moving hisbusiness to the shop in Butte. 75 Hallquist stated that the mechanics had the name oftheir own businesses – not P & M Transmission – on their advertising materials. Forexample, Loomis’s cards said “Tungsten Performance” and Caldwell’s cards said “H & J67 Hallquist Dep. 15:13-19.68 Hallquist Dep. 17:18-25.69 Hallquist Dep. 61:7-20.70 Trial Test.71 Hallquist Dep. 61:7-20.72 Trial Test.73 Trial Test.74 Hallquist Dep. 75:14 – 76:4.75 Trial Test.Findings of Fact, Conclusions of Law and Judgment- 14