Legal Question in Consumer Law in California

punitive damages in relation to property damage

I took my 91 mercedes sel into the dealership for

rountine service (tune up) when I picked up my car my

blinkers and powers seats didn't work. I called, they

fixed it. Two days later, my car runs hot, I have

towed it needs a hose ($300). Five days later it runs

hot again as I'm going up a hill, go to apply my

brakes because now I'm going downhill, and I have no

power. Luckily, I hit a stump and was not killed.

However my car starts to catch fire. The fire is

distinguished immediately. I have my car towed back to

the dealership. They have my car four days(weekend

included) and call me Monday morning and tell me my

spontoneously caught fire and burned up. I am

devastated. My insurance company tells me they will

pay me off. I don't want cash. I want a 91 560 SEL

just as beautiful as the one I had. Did the

dealership have some duty to exercise reasonably care

when they took my car in for service? (They failed to

disconnect the battery.) Were they negligent? They

have been guilty of unethnical business practices and

other situations like mine have occurred. Can they be

assesed punitive damages even though there was only

property damage and no personal inju


Asked on 6/21/00, 12:29 am

1 Answer from Attorneys

Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: punitive damages in relation to property damage

No punitive damages just market value of car.

Read more
Answered on 8/30/00, 8:35 pm


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