Legal Question in Civil Litigation in Michigan
Service guy working on my truck replaced tye heads in my engine. Now
Truck makes a funny noise that it never has before but heads are fine.
He tells me "oh just drive it and see what happens"! Its bee almost 3
Months he's had my truck, isn't working on it and won't communicate with
Me! My job and schooling are now in jepordy because of this truck and me
Borrowing other peoples cars for m tasks. Stressed and ready to kill!!
1 Answer from Attorneys
You have to get the truck back in order to have it evaluated and see what the problem is. If he will not return the truck, you have to file a Claim & Delivery action and serve it on the guy. Then, when you get the truck back, you have to take it to a mechanic who is certified by the state and will testify. Find out the diagnosis and if it is related to what the first mechanic did. If it is unrelated, then you are just SOL. If it is related, then you will have to sue the first mechanic, probably in small claims court. In order to win, you will need the testimony of the 2nd mechanic to state what the problem is and why it is related to what the first mechanic did. Remember, as the claimant, you have the burden of proof. William S. Stern