Legal Question in Civil Litigation in Pennsylvania

Is it wise to continue to use a business you are taking or have taken to court?

I took my car to my dealership for repair. It remained in their possession overnight. During the night, someone damaged and/or stole $2,400 worth of parts. The mechanic said in the police report that he forgot to check whether he locked my vehicle before he left for the night. The manager said in the police report that the security fence around the dealership was damaged and furthermore, he forgot to lock the gate anyway. Sounds like negligence on their part, huh? I am taking them to court to recover the costs of the stolen and damaged parts. I would NEVER leave my car with them again overnight, but they are excellent mechanics and I would like to continue to use them regularly for small repairs and maintenance (inspections, oil changes, etc.) because they are the only dealer for my make of car within the next three counties! Is this a smart decision or am I being really dumb!? Are consumers and businesses still able to establish a relationship after litigation? Would I be better off driving two hours to the next authorized dealership as opposed to the 20 minutes it currently takes? By the way, the little disclaimer the garage has that says ''Not responsible for theft...'' be a valid defense since they were negligent?


Asked on 9/01/04, 10:21 pm

1 Answer from Attorneys
Charles A. Pascal, Jr. Law Office of Charles A. Pascal, Jr.

Re: Is it wise to continue to use a business you are taking or have taken to cou

Hi. I see from your zip code that you are in Armstrong County, as am I. I would be willing to talk with you about this if you wish.

You ask several questions. One is about the wisdom of using a business that you have sued. This, of course, depends upon the personality of the business person in question. There really isn't a right or wrong answer, but I'd be wary about it.

I would be willing to bet that the business has insurance that would cover the loss. Have you already filed suit? Perhaps the better way to go would be to have an attorney try to negotiate something that everybody can live with...especially if their loss is covered by insurance.

Email me or call me if you wish. Phone is 724-845-8340 or 412-855-6598.

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Answered on 9/02/04, 1:57 pm


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