Bill,
None of the discrepancies listed were "caused" by Caulkins. If they didn't remove the muffler shroud, I'll bet they didn't remove the wheels, either.
To prove negligence, you have to prove that something bad happened. Then you have to prove that something Caulkins did directly or indirectly caused the event. And you also have to prove that they had a duty to act. You're basically sitting on a no harm, no foul fence post. Keep in mind that you've been flying a potential death trap for a year now. However, the owner is directly responsible for the safe operation and maintenance of the aircraft he/she owns and flies. No matter what you can prove this plane had wrong with it, you can't deny that you've flown it for a year. Sure, some of the things have been addressed, but the real killer went unnoticed during the entire time.
Caulkins didn't corrode the muffler, so they shouldn't be liable for any maintenance costs associated with the repair. They failed to inspect the aircraft in accordance with, at a minimum, FAR 43, Appendix D, thereby missing several key safety of flight issues. A year later, all you have is circumstantial evidence that the conditions existed prior to their inspection. To prove the muffler was bad at the time of annual, you'd have to have metallurgical experts to testify to the corrosion rate of the muffler material. Basically, to nail them in court, you'd have to do ALL of the proving of your case. Not quite as easy as it sounds.
I'm not advocating you do nothing, Bill. But, if you listen to the "lets call the FAA" crowd, be prepared to have your plane inspected by the feds, thru and thru. I will ignore any comments about just laying down and taking the screwing by an unscrupulous shop. You bought an annual with sale. You know better than that, but you've also been quite lucky. It's only as good as the paper it's written on. As you found discrepancies, you addressed them. That's all we can do. You'll never use Caulkins again, so send them the letter, give them the finger, but move on down the road. Don't waste your time on them. Besides, you don't know to what extent John had his hand in the arrangement of the last annual. No harm, no foul.
My fuel tank was cracked and had been sealed over. Poor maintance, true. But, what good would bitching do? I fixed it and moved on, just like you have with the other discrepancies you've found so far.
As far as how do I feel about flying Mr. Ed with a bum heater? I never trust heaters. I don't even trust my own heater, and I've looked at it three times this year alone. Use a CO detector and stay alert to the signs and symptoms of CO poisoning. I had to use the heater on Mr. Ed, but I never pulled the knob until I bought (you bought me) the CO detector card. You have a good mechanic now, give him a hug every now and then when he does you a good job. Not all mechanics are created equal.
As for the Hang 'Em High crowd, if you busted an ATC restriction and it resulted in loss of separation, you'd sure appreciate it if ATC would be kind and help you through it, but not persue any certificate action. Not likely, but you'd know you did something stupid that could have killed someone, but...no one got hurt. Again, man who lives in glass house better not throw rocks.
Want more governmental input to our daily activities? Vote Democrat!
