01x29 - Missing Trailer Mystery

[bunniefuu]

You loaned your friend this big trailer.

I never in the world thought
that it would come up missing.

You parked it in a neighbor's driveway.

Yes.

The next day, you open your eyes,
you go outside... no trailer.

Well, I thought he actually
came and got it.

I don't believe your story.

[stammers]

[announcer]
This is Judy Justice.

[theme music playing]

[announcer]
Donald Earl Boydston is suing

his former friend, Tam Nguyen,

for the cost of a stolen trailer.

[bailiff]
Court, come to order.

Be seated, please.

Hello, Judge. Case #1095,
Boydston versus Nguyen.

-Thank you.
-You're welcome.

Mr. Boydston, how long do you and
the Defendant know each other?

Oh, well over 20 years.

[Judy]
Tell me where you met.

Well, him and his father
owned a gas station

and I always like to do business with
small, small time business people, so...

-And?
-And I hired him to work for me

-from time to time.
-[Judy] What kind of work did you do?

Well, we do a little bit of everything.
I wash windows, that's my main job,

but I do handyman job because
I have 13 years experience

in Industrial maintenance and I have


And what kind of work do you do, sir?

I do landscaping and detail cars and
I'm a little, you know, handyman, myself.

Mr. Nguyen, in August of this year,
you borrowed a utility trailer

-from the Plaintiff.
-Yes.

-Tell me why.
-I was helping a friend move,

and I have, I have a little trailer
but he was moving

probably a five-bedroom house
and I needed a bigger one

so we could get more done.
So, I asked Don if I could use his, uh,

twenty foot trailer,
compared to my five foot trailer.

Had you ever used that trailer before?

-No.
-But you have a trailer that's similar,

-but smaller.
-It's smaller, yeah.

When you're not using your trailer,
where do you keep it?

I have a driveway, and I have
a little spot on the side of the driveway.

It's in the dirt, basically.
I just park it right there.

Do you do anything with your trailer
to secure it?

Uh, no. No, I just, every once in awhile,
I just lay it on top of the tree stump

-where it sits on, you know, the neck...
-Do you have a picture of it?

I don't. I apologize, I don't have it.
But I do have the house and I could...

I mean, you could see
where I would park it.

Yeah, right here.
I usually park it right there.

[bailiff]
Okay.

Where is...

He usually parks it right here.

[Judy]
And whose two cars are these?

Those are mine. Well, mine and a friend.

The blue one is yours?

[Tam] No, the red one is mine and
the blue one was a friend.

Was the friend visiting you? Is that why...

-Yes, yes.
-On the day that you took this photograph?

On the day of that photograph, yes.

And when was this photograph taken?

Not too long ago. I mean,
it was after, after the incident.

How much after?

-That one is...
-[Judy] Ju... No. Don't say anything.

To be honest, that's a Google,
Google search picture, uh...

I only want you to be
honest with me, Mr. Nguyen.

That's honest, that was just
a Google search picture.

This is a Google search picture of?

Of my house. Those cars are old cars,
two, three years dated back.

But I took it to show you
where I park my trailer.

So, what you're saying to me is,

this is not a picture that you
currently took.

Let us start afresh.

I apologize.

Because when something, I don't know,

the hairs on the back of my neck stand up

if I think that somebody
is pulling my leg.

Do you understand what I mean?

I'm not trying to pull your leg,
Your Honor.

-[Judy] Uh-huh.
-Yes, ma'am.

-You understand.
-Yes, ma'am.

-Great. Terrific.
-Yes, Your Honor.

[Judy]
This is what the case is about.

It is your claim that you loaned
your friend this big trailer...

If was a 16 foot trailer, not a 20.

A big trailer.

[Donald]
Big difference in price, too.

[Judy]
Sixteen to twenty?

-Yeah, the twenties are way expensive.
-[Judy] I don't know.

You'll show me that when you
show me the receipt for the trailer.

-Okay.
-[Judy] He asked you if he could borrow it

to help a friend move.
He did that on what date in August?

He asked on August 14th, 2021,
with a text message.

And, uh, I ignored it. Then, the next day,

he called me and he begged
to borrow my trailer, and I hung up...

[Judy]
Okay, so the next day he called you.

So, he first sent a text,
which you ignored.

-August 14th was what day?
-Saturday.

Saturday. And then, the next day,
he called you.

-Yes, on the Sunday.
-[Judy] And you took his phone call

and you said that he could,
in fact, borrow the trailer.

Nope. I did not.
-[Judy] You said no.

-I said nope, hung up.
-Could you explain why to me,

if he was such a nice guy?

Because I didn't want my fender dented,
I didn't want damage done to my trailer.

I never in the world thought that it
would come up missing...

[Judy] Had you ever
loaned him your trailer before?

-I've loaned him a car dolly before.
-[Judy] What is that?

It's a deal that you pull the front of
a car up on, you can haul it off.

And when did you loan that to him?

Probably three months before that.

[Judy] Did he return it in okay condition?

-Yes, he did.
-[Judy] So, you didn't have any history

of letting him borrow something from you
where he acted irresponsibly with it?

No. No, he brought it back.

So, on what date did you finally say okay,
you can borrow my trailer?

Well, after he texted me
and said "we'll be fine,"

that was his last little prod
to tug at my little heart

and I finally texted him back
on the same day...

-[Judy] May I see it?
-[Donald] Yes.

[Judy]
When he says, on August 14th,

"Hey, Don, can I use that trailer today?
I'll grab parking slabs for you, too.

I think we'll be fine."
And you responded on the 15th,

"If you want to use my trailer,
come and get it."

Tell me about these parking slabs
that he said he would get for you.

If... I never got 'em,
but I'm thinkin' it's parking curbs,

like you pull up at a grocery store.
But they were concrete and heavy.

He just needed to get rid of 'em and I
could probably use 'em for something.

"I'll grab parking slabs for you, too."
That's not something...

It's like my saying, you know,
I'm gonna grab two light fixtures

and signage for you. I... There's...
Something went on before this.

So, there must have been a history
with these parking slabs

between the two of you.
But you never responded to him

about the parking slabs,
at least here, what you showed me.

Did you tell him you
wanted the parking slabs?

Oh, he... In the phone call,
I'm sure I said

if you wanna get rid of 'em,
I can take 'em, I guess.

-I got five acres.
-Do you know what he's talking about?

So that you don't run into
the garage door,

or say, a side of a house, perhaps.

My house is surrounded with trees.
And I make parking spots as we need 'em.

Okie dokie.

[audience chuckles]

Mr. Nguyen, what part of,
I can tell when somebody's

peeing on my leg and
telling me it's raining,

don't you understand?
-I understand.

-[Judy] Don't...
-I know you're good. I know you're smart.

Well, then, I don't know,
you must think I'm stupid.

[audience laughs]

[theme music playing]

[announcer]
Donald Earl Boydston

says his former friend, Tam Nguyen,
owes for the cost of his trailer

after it was stolen
while in Tam's possession.

Okay, so you borrowed the trailer. You
used the trailer on the 15th of August.

-Is that right, Mr. Nguyen?
-Yes.

[Judy] And then, when you were
finished using it, according to you,

you parked it in a neighbor's driveway.

Yes, like I said, I've lived
in that neighborhood since '94,

so I know the people around there
and the next door neighbor,

I know him well, too,
so he had no problem with me parking...

-No, not that he has no problem.
-[Tam] Okay.

Did you call him, text him, write him,

go to his home and ask if you
could park the trailer there?

He was working...
-[Judy] Ju... That's either a...

-I did.
-What is his name?

Oh, I don't even know him by name.

Oh, then I don't believe your story.
Let's understand that.

-I te...
-I've known him from 1994,

-is that what he said to... Ju...
-No, I said lived there since '94.

Something about knowing
all of his neighbors...

"I lived in that neighborhood since
'94, so I know the people around there.

And the next door neighbor,
I know him well, too."

You know him well, too,
but you don't know his name?

Is that what you're saying to me,
Mr. Nguyen?

-[stammering] I don't know...
-[Judy] Do you know his name?

I'm not good with names.
Yes, ma'am, I don't know his name.

-I'm being honest...
-Who is this?

-[Tam laughs] It's Sandra.
-[Judy] Who is it?

[Tam]
It's my, my wife.

Sandra, what's your
next door neighbor's name?

[chuckles] I'm not sure, neither.
He's remodeling the house,

he just bought the house,
so he just actually moved there.

No, no, no, no. I'm not...

-He's the owner of the house.
-Yeah, owner.

He was renting it to these, uh,
I guess, uh, disabled people.

And they moved out, since
the house was kinda falling apart,

-and he's back, uh, remodeling...
-[Judy] Is what you're telling me,

Mr. Nguyen, nobody was living
in the house next door,

so you parked it in the driveway?

-Yes, Your Honor, yes.
-[Judy] Is... I just want...

Is what you're telling me, nobody
was living in the house next door,

it was being renovated, so you
used the driveway to park the trailer?

-Because I usually park my car...
-[Judy] Don't...

I don't care if you usually
park your wife there.

-[audience laughs]
-Yes, Your Honor.

Mr. Nguyen, what part of,
I can tell when somebody's

peeing on my leg and
telling me it's raining,

don't you understand?
-I understand.

I know you're good, I know you're smart.

Well, then, I don't know,
you must think I'm stupid.

-No, I don't think you're stupid...
-And your wife must think I'm stupid.

-No. No.
-[Judy] I've been living there,

I know all my neighbors since 1994.

And all of a sudden, there was
a disabled family that was living there,

and now somebody else bought it,
but I knew I didn't have to ask him

because I knew him well,
I know all my neighbors.

Do you understand how ridiculous
all that sounds?

-Yes, I do. I do.
-[Judy] Okay. So,

the truth is always easier.
The truth is easier.

Let's start this process again.
When you finished using the trailer,

you parked it in the driveway next door,
'cause nobody was there.

I knew no one lived there.

Okay! Wasn't that easy?

-[Tam] Yes, ma'am.
-[audience chuckles]

So, Mr. Nguyen, this is what happened.
The next, you open your eyes,

you go outside, no trailer. No trailer.
He said, I loaned you my trailer.

Where's my trailer?
And you say, somebody must've stolen it.

Well, I thought he
actually came and got it.

-Well, but he didn't.
-[Tam] Yes.

What you thought was irrelevant
because it didn't happen.

And both of you filed a police report,
I assume?

I had to go to the hospital 'cause one of
my family members had COVID,

so when he called me on the phone,
asked me if I'd...

Just a second. One of your
family members had COVID

-and you had to go to the hospital?
-Yeah, it was...

He was trying to give up and
they needed my wife to go there.

And she wanted me to go, and if my wife
tells me I gotta go, I'm gonna go.

All I want to know is did you ever
make a police report?

-I did make a police report. Yes.
-That's what I want to know.

-Do you have it?
-[Donald] Yes, I do.

I'd like to look at it.

Sarah, take a look at
a 16 foot Terry trailer.

From what I can tell, the production
of Terry trailers ended after 2009.

Okay, so they stopped production in 2009
on the 16 foot Terrys.

-From what I could tell, yeah.
-[Judy] Okay.

In what year did you
buy this trailer, sir?

The best I can recollect, it was 2007.
And that's a heavy duty trailer,

-not just a regular lawnmower trailer.
-Okay. So, you bought it in 2007,

-so the trailer was about 15 years old.
-Yeah.

Sarah, take a look and get a price for me
on a 15 year old Terry trailer.

-First of all, Mr. Nguyen,
-Yes, ma'am.

either I have to give you
an introduction to the truth...

No, ma'am, let me explain.

When you spoke to the police,
you initially said to them,

that with the permission from the neighbor
at ninth street,

he parked the trailer
on their concrete driveway.

So first, you gave me a bologna story,
then you gave me

I assume, a legitimate story,
when you told me

you didn't know who was living there
because people moved out.

When the police came, you told them
that you had permission of the neighbors,

which is clearly not true 'cause
you just told me a moment ago

you didn't know who the neighbors were.
You told the police

that you had purchased the trailer
the day before,

and the purchase amount
of the trailer was $800.

So, unless this police officer
is psychotic,

he has certain details in here that
he must've gotten from somebody,

he says he got 'em from you.

Whenever I told Don, and he was,
obviously, irate at that time

whenever I told him it was gone,
and I didn't know where it was,

he told me, well, you borrowed it, you
deal with it, you make the police report.

Just a second. What do you mean
you bought it?

-I borrowed it.
-[Judy] Oh, you borrow...

You didn't say you borrowed it.
You told the police...

-[Tam] No, no, I was talking...
-No, you told...

I was saying, when I talked to Don,
and told him about the incident,

He told me, I borrowed it,
it was in my possession,

I need to make the police report.
So, I had to make it...

I don't care if you made the police report
and say I borrowed my friend's truck.

I parked it on a concrete slab next door.
And I borrowed it from him,

so I'm making the police report
'cause it's gone.

Instead of giving the police a story
that you bought it

the day before for $800.

-[Tam] I don't know why...
-[Judy] You don't know why?

I said I'm gonna introduce you,
we're gonna have a party.

I'm gonna introduce you to the truth.

[audience laughs]

It's so much easier when you
get the story straight the first time,

then you don't have to remember.
If you tell the truth,

you don't have to have a long memory.

-I pr...
-[Judy] No, just a second.

If you tell the truth, you don't
have to have a long or good memory.

[theme music playing]

[announcer]
Donald Earl Boydston has accused

his former friend, Tam Nguyen,
of not securing his trailer,

allowing it to be stolen.

Okay. It's so much easier when you
get the story straight the first time,

then you don't have to remember.

If you tell the truth, you don't
have to have a long memory.

-I pr...
-[Judy] No, just a second.

If you tell the truth, you don't
have to have a long or good memory.

Okay, do you have any price at all?

No, it's too hard to tell with
the different specs and years.

-I don't have enough...
-This was a 2007?

-Yeah, I know.
-Do you have any price range at all?

I mean, in the police report that
the Plaintiff filed on the 18th,

the police officer, also,
probably not a psychotic,

says he was contacted by you
in reference to the missing trailer.

He said, the Defendant had parked it
in a vacant lot, unattended.

Contacted him the next day.

Don described the trailer as
a 16 foot black Terry trailer.

So, unless the police officer was also,
again, psychotic,

-you told him it was a 16 foot trailer.
-Mm-hmm.

Did you not correct me before
and say it was a 20 foot trailer?

I did correct you awhile ago.

Well, you should've corrected
the police officer, too.

No, he told you that it was not 20,

-that it was 16.
-It was 16. Okay.

-That's why I have her. Thank you.
-[chuckles]

Okay. You told the police that it
was valued at around $2,500.

Yeah, that was before I did some research.

Well, that's what you told...
So, now, I'd like to see...

-Because he's clearly responsible.
-[Donald] Yes.

-I've got an estimate for a...
-He was negligent...

I've got an estimate
for a replacement trailer.

I don't want a replacement trailer,
this trailer is 15 years old.

He told me he bought it for $1,500.

[Judy]
Don't. Just a second.

Mr. Nguyen, having trouble
with you and the truth.

[audience chuckles]

Now, we're going to fix a value
on this 15 year old trailer.

Not a replacement trailer.

I also added gorilla lifts to it,
on the gate.

-[Judy] You have what?
-Gorilla lifts on the gate.

Do you have a receipt for the trailer?

No, that's... a divorce ago
and many moons ago.

-[Judy] Fifteen years ago.
-Yeah.

Could you find,
not a replacement for the trailer...

-You're talking about a new replacement?
-Mm-hmm.

Well, he's not buying you a new trailer

I'm not asking for a new price, either.

Well, I'm asking you, how do you expect me
to value this 15 year old trailer?

He's clearly responsible for it.
You told the police $2,500.

Now, did he ever tell you
what he paid for that trailer?

-Yes, ma'am.
-Let's start with when did he tell you

how much he paid for the trailer?

After the incident, he told me
he paid $1,500 for it,

and added a gorilla lift that was $300
or $400 or $500, something like that.

But he told me $1,500 on the trailer.

-[Judy] And he added a gorilla lift.
-Yeah, that's what he said.

Where were you when you had
this conversation, on the phone...

It was over the phone.
It was, uh, basically him trying to...

get me to pay for it.

Yes. So, you had this conversation.

You remember speaking to him
about the payment for the trailer?

Oh, we spoke in person, too.

I don't know if we said that
on the phone or in person

Oh, we didn't say that much in person.

Okay, well, so then, I will ask you
this question, Mr. Boydston.

Did you, in fact, tell him
that you paid $1,500 for the trailer?

And then put on gorilla lifts?

-I don't recall saying that, but...
-[Judy] Well, he does.

I don't recall saying that,
but I may have.

Yeah, you may have. I may have.
Well, if you may have...

that suggests to me you wouldn't have
said that if you didn't know that that was

either the price that you paid for it
or the ballpark figure.

Do you remember telling him how much
you paid to have the gorilla lifts put on?

And I don't know what gorilla lifts are.

It's a spring assist on the gate
so it's not so hard to lift.

Okay. Do you remember when you did that?

[Donald]
A couple years ago.

Do you remember how much it cost you?

I think it was $250.

[Judy]
So, $1,500 and $250, is $1,750.

That's what you paid for the trailer.
That's what you told him.

And since you don't remember
and he does remember,

and it could've been, which suggests to me
that it's probably what you said to him,

that's $1,700. Now, do...

The problem with that is, Your Honor,
is you can't replace that for $1,750.

-[Judy] Of course you can't.
-Even used, you can't replace it for that.

-They're going for $2,500 to $3,500.
-I don't know.

I mean, if you buy...
Let's say you bought a ounce of silver,

and the price of silver goes up
to $50 an ounce.

Are you gonna sell it
for what you gave for it,

or are you gonna sell it
for what it's worth?

Well, let me tell you this.
Think about an insurance company.

When you insure your car,
and your car is stolen,

and you paid for your car $100,000,


And you have both collision and liability.

Do you think that the insurance company
is going to pay you $100,000 for your car,

or are they going to pay you
the current value of the car?

-Well, I understand that, but...
-[laughs]

But the trailers are going up. I mean,

if your car's worth more
than you gave for it...

[Judy]
Oh, if things increase in value, yes.

If you bought a car that
appreciates in value,

then the insurance company would
have to pay the appreciated value.

-But he's not buying you a new trailer.
-Well, I'm not asking for a new trailer.

I'm just asking for a price
that will get me close to where

I can take and add some more
money to it and get...

'Cause if you buy a used one,
chances are you're gonna buy a stolen one.

Well, that's possible.
Maybe you buy your own.

Seventeen fifty,
judgment for the Plaintiff.

[bailiff]
Court is adjourned.

[theme music playing]

I mean, I wasn't trying to lie, one bit.

Anytime you got that little gut feeling
that says, say no. Stick to it.

I called him as soon as
I noticed it was gone.

He said, it's gone.
I said, well, you better report it.

Well, I hope that he's happy now,
and realize I didn't steal it.

Something's better than nothing.

[Sarah]
I actually disagreed with you on that one.

If you're already making the leap, say,
to say that the Defendant

did not exercise the proper duty of care,
and was therefore negligent,

and allowed this criminal act
of the stealing of another's trailer,

I think that the Plaintiff
should be made whole.

He did nothing wrong,
he was not negligent.

He, out of the kindness of his heart,
lent his trailer to someone

who he thought he knew to be responsible.
And with this judgment,

from the little research that I had
time to do out on the bench,

I know that he will not be
able to replace,

or get a similar trailer to his own,
for the judgment that you made.

And I think that he should have been
made whole with...

Not a brand new trailer, but
at least the value of a used trailer

that he could go and purchase and
then he would be made whole again.

It's an interesting argument.

The proximate cause of him
not having his trailer

is a criminal act,
not committed by the Defendant,

but committed by a third person.
Does the fact that it was parked

in somebody else's driveway, did that make
access easier for the criminal?

Could have. I really believe that
what he paid for it 15 years ago

was $1,500. He just put in the special
equipment and he said about $250.

Well, then, I've at least made him
financially whole.

But I understand
and respect your position.

And we'll do a little post trial research.

[theme music playing]

[announcer]
Want justice?