Civil/Commercial Litigation (Lawsuits)/negligent repairs.

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Question
took my chysler seabring to a repair shop for oil leaks. a valve cover gasket and a oil pan gasket. they blew my engine and "told " me that they had a replacement ordered and not to worry it was no charge casue their mistake. promises me it would be done the next day. took a week. and first time I went to pick up wouldn't start. was told that the "kid" broke my starter and they thought they fixed it. would  put a new one in tomorrow. the next day went to pick up and check engine light was on. so I told them to  fix it. they said they had to get  the dist from my car. will do tomorrow. the next dat went to get car and it ran horrible  reved at 3 at idle. gas pedal haed to push. loss of power and jerking took it to a new mechanic who said the  motor mounts wee broke and didst was ful of oil. can I recover my rental car for the week they had it and the cost to repair  and analyze it  after it left the shop.

Answer
Hello suzanne,

Before I respond further to your question, I must make clear that I do not represent you, and cannot give you individual particularized legal advice. No attorney client relationship is created by this email. For legal advice, you should hire your own attorney, and follow their advice. My role with AllExperts is limited to providing general information and suggestions for educational or general knowledge purposes. Before you take any action, consult with your own attorney.

A reasonable measure of damages in a civil suit is the amount of money it would take to put you back in the position you would have been in had the wrongful deed not occurred.  So, if you prevail in a suit against the shop for negligence and/or breach of their express or implied warranty, the damages a judge or jury might award you could include your rental car costs as incidental damages.

I suggest that you confer with an attorney licensed to practice in your area to help you prepare and deliver your case.

I hope this helps, good luck to you.

Morgan Smith
SMITH & RAVER LLP
Minneapolis, Minnesota
http://smith-and-raver-llp.biz
Conciliation Court * Civil Litigation * Forfeitures * Construction * Family Law  

Civil/Commercial Litigation (Lawsuits)

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Morgan Smith

Expertise

Civil litigation (contract claims, landlord-tenant actions, forfeiture suits, residential construction defect matters), Family law (divorce, custody modifications, child support modifications, and pre-nuptial agreement), new business start-ups, civil forfeiture, asset forfeiture. Please do not submit your question as Private. It is my policy not to answer Private questions from members of the public here on AllExperts; I reserve that function to my private clients. Although AllExperts permits me to change your questions from Private to Public, it is my policy not to do that. I encourage you to resubmit your question as a public question. Your public question has the potential to help others with similar concerns. I suggest that you use a pretend name and otherwise alter sensitive facts that make you inclined to treat your question as Private, and submit your question to me Publicly.

Experience

I've been practicing law in the State of Minnesota since 1995. I've worked in skyscraper firms, and now my own small firm in Minneapolis. Past answers from my earlier participation on AllExperts is posted at: http://en.allexperts.com/q/Civil-Commercial-Litigation-911/indexExp_80217.htm

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AllExperts, Yahoo Answers, http://smith-and-raver-llp.biz/News.html

Education/Credentials
J.D. William Mitchell College of Law, St Paul, MN

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