Legal Question in Consumer Law in Missouri

Can a lawyer sue a repair shop for damaging my truck?

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I drove my truck to a repair shop for repair (timing chain). Paid $1100 and they had issues installing the parts. Their bad installation job caused my head gasket to blow. They kept the truck for two weeks and could not install the timing chain properly which I paid for or the blown head gasket they damaged. They informed me the truck will not start back up after the install. They will not return my money or fix the truck.

Since they damaged my truck they towed it to me with my parts inside & on the truck bed. I had to pay another company $3000 to fix the original repair work (timing chain) plus the damage the 1st shop caused.

I do not want to go to small claims court because I have pain & suffering. I have been ripped off which has caused me unbearable stress. I am 67 years old and have had many strokes. I feel this situation is harming my health but I have not checked into a hospital yet. I want to go to a lawyer but I don't know what type of lawyer I need or how much I can sue for.

I have a 1996 Dodge Dakota


Asked on 1/16/10, 2:35 pm

1 Answer from Attorneys
Sean Santoro Santoro Law Office

You have a legal claim for negligence. When you hire someone who is supposed to have specialized knowledge, they have a duty to do the job competently. As they were unable to do the job, you have the right to hire a competent mechanic. Assuming the first mechanic did nothing but cause damage to the truck, you have a right to sue for the $1100 you paid them. As to the second mechanic, the measure of damages is more complex. You are entitled to recoup amounts you spend for the second mechanic to fix any damage caused by the first mechanic. You can also claim the amount that you spent above and beyond the initial estimate, as those damages were incurred as a result of the first mechanic's breach. However, many times a judge will not award those extra 'cover' damages, for the reason that the truck needed to be fixed anyway; and that higher amount is the fair market value for a good mechanic versus a poor one.

Thus, you measure of damages should be $1100 + the cost of repairing the first mechanics errors. Feel free to email me if you want to go into this in more detail.

Sean Santoro/Licensed in KS and MO

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Answered on 1/22/10, 7:24 am


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