Legal Question in Civil Litigation in Virginia

I brought a used transmission with a 3 year warranty. The transmission was installed by a mechanics shop that failed to perform routine actions prior to installation and as a result the transmission doesn't work properly. The warrenty was voided when the parts representative called the mechanic shop asking if they drained, flushed, replace external seals and use recommended fluid prior to installation. The mechanic shop admitted that they ony bolted it on the put recommended factory fluid in. I spoke to the parts rep and a transmission shop mechanic that stated it is routine to preform those actions before installing. The required actions were listed on the back of the receipt that was in the possession of the mechanic shop when it was delivered directly there. I want to know if I have a fairly good chance of getting the cost of the transmission and labor (minus the fluid) awarded if I take it to small claims court.

Asked on 10/21/10, 11:08 am

Michael Hendrickson Law Office Michael E. Hendrickson

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Yes, if the facts are as you state, but you will still need an expert witness

to support your claim (either by affidavit or personal testimony) in order

to have a reasonable chance of prevailing on your claim in small claims court (in my opinion).

Answered on 10/26/10, 1:05 pm

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