Legal Question in Business Law in Arizona

Re: suit for loss of income

Charles,

Under a negligence theory, Jiffy Lube may be liable for damages that accrued as a result of the truck being out of commission. In addition, if in MA, Jiffy Lube may also be Liable under G.L.c. 93A. 93A is the consumer protection statute which in some cases allows for treble damages and attorney fees.

The $6,000 dollar amount exceeds the limit for bringing an action in small claims court. Therefore, if you decide to file a lawsuit you must do so in either District Court or Superior Court.

William F. Thompson, Esq.

MELTZER LAW OFFICES

873 Concord Street

Framingham, MA 01701

www.meltzerlaw.com

Re: suit for loss of income

I cannot tell from your message where this took place, in Maine or Arizona. I will answer for Arizona.

If your vehicle is damaged you can rent a replacement vehicle and your rental cost is recoverable if reasonable. You cannot generally sue for your lost profits, in that you are required to rent a vehicle to replace yours while it is being repaired.

Your statement of facts does not disclose what the damage was, what the special nature of your vehicle was, what you mean by "it books out" at a certain rate per hour. You may have some difficulty in your claim.

Good luck,

James D. Jenkins

Re: suit for loss of income

Go to the Justice Court within the jurisdiction of the Jiffy store that did the damage. They have forms for your complaint and instructions for you to proceed