My first response to the pic of the dampner was Dammnn!!! Looks like hammer marks to me. Maybe he sent you the wrong balancer. But come on scorpion to sue is over the top. Its not an item I would want on my car, but he didn't go into detail on it either. His idea and mine would be totally different on good shape. Here's his ad:
I HAVE 2 BALANCERS 1 IS A B.H.J INTERNAL AND 1 IS A ATI EXTERNAL BOTH IN GOOD SHAPE WITH SFI STICKERS $125.00 EACH OR BOTH FOR $200.00 PLUS 9.95 SHIPPING
I think he should refund the money just to be honorable. But to sue over this is ridicules!!!!!!!!