Page 27 - The Origin of the Species

THE ORIGIN OF THE SPECIES 27
statute’s treble-damages provision is not the norm; this gives consumers a lot of leverage.
Healey Werks’ billing discrepancies, failure to provide estimates and failure to properly
account for the work it did fit right into the violations that are included in the law.
A questionable defense
Rather than admit liability and try to work something out before things got worse,
Healey Werks tried to defend against the lawsuit. It argued that Oesterle waived his
claims when he paid their bills. It denied that the Iowa statute applied to the situation.
According to Limoges, it did everything it could to delay the case, apparently hoping
that Oesterle would get tired and give up. Healey Werks changed counsel multiple times.
It tried to settle the case, but with inadequate settlement offers. But all that strategy
accomplished was to give Oesterle greater resolve, which is common when facing a well-
heeled adversary who doesn’t have to worry about his litigation budget.
Eventually, as is always the case, the delay tactics expired and the case went to trial.
The day before the trial was scheduled to begin, Hillinger and Anca Properties filed for
bankruptcy, which stopped the lawsuit against them. But Healey Werks did not file,
so Oesterle and his legal team appeared in court the next morning, on November 1,
2022. No one appeared on behalf of Healey Werks, so the matter proceeded to a default
judgment. The judge accepted Oesterle’s damage claim in the amount of $2,390,962,
which was then trebled, resulting in a final judgment of just under $7.2m. That
judgment will be increased to include Oesterle’s legal fees once they are determined.
Limoges is in the process of filing a claim against Hillinger and Anca Properties in
their bankruptcy cases. It is uncertain if there will be any recovery. But since the claims
are based upon fraud, it is possible that Hillinger may not receive a discharge in the
bankruptcy, which would mean that he still owes the damages to Oesterle.
Blood from a stone
While $7.2m is a huge judgment, collecting anything could be difficult. Healey
Werks is out of business, so it isn’t going to have any future earnings to pay from.
Oesterle can collect his judgment from anyone who owes any money to Healey Werks.
He can also sell off any assets it may still own and apply the proceeds to the judgment.
Beyond that, it becomes a “can’t get blood from a stone” situation.
According to Limoges, that’s okay with Oesterle. He never really expected to see the
money. He was mad about how he was treated, and he was appalled to find that he was
only one of many victims. He was convinced that Hillinger needed to be stopped — and
that goal was accomplished.
The judgment against Healey Werks received significant national and
international press coverage, including outlets such as the Indianapolis Star,
Magneto and MSN. Although Hillinger had declared bankruptcy and the business
was no longer in operation, making it almost impossible for Oesterle to enforce
the judgment, he needed to raise funds for the care of his severely disabled child
and meet the asset liquidation demands imposed by the United States Bankruptcy
Court.
SPL 224B (AHS 3804) was
offered for sale at Hyman
Ltd., a prominent classic
car dealer in Saint Louis,
Missouri. (Hyman Ltd.)