Full question:
Bought a 2004 Ford F150 near Portland Main, in April 2010. Drove the vehicle from Portland Main to home in Woodbridge, Virginia with no problems encountered. Took the vehicle for Inspection, which it passed safety but failed the emission because the check engine light had come on. Took the vehicle to Blank Automotive which has worked on many of my vehicles in the past, and some with the same problem of the check engine light which resulted in a sensor of some type. Was informed by Blank Automotive that the engine needed a timing belt, and they did not have the tool to do the work and they would be taking it to Cowls Ford for the work to be done. I then received a call from Blank Automotive stating that Ford determined the engine needed replacement. I picked the vehicle up at Cowls Ford and had the vehicle towed to P&C Racing for an examination of the engine, and was informed that the engine was now damaged beyond repair. P&C racing was unable to do the repair after a long exhausted period and the vehicle was moved to Wildfire Automotive. Wildfire Automotive started the engine replacement by rebuilding it with a re-manufactured Long Block, and proceeded to take parts from the old engine as part of the rebuild. Wildfire then informed me that some of the parts should be replaced since some were damaged by P&C Racing and we were so far into the rebuild and putting the old parts on a new or re-manufactured block would be a waste. I agreed and the following parts where installed and being backed out of the cost I am seeking: Following items were damaged by PC Racing __ Power Steering pulley $ 20.Oxygen sensor $210.Intake Hose $ 36._Power Steering Pump $ 78.Ignition Coils $272.Spark Plugs $109.Thermostat $ 17.Water Pump $ 75.Belt Tension $ 68.Serpentine Belt $ 35._Idler Pulley $ 40._High Pressure Hose $110._Exhaust Bolts and Nuts $ 30._Oil Dipstick $ 25._Radiator $225._Battery $105.Cam Sensors $ 50.Cam Solenoid $230. Motive of Blank Automotive: I believe Blank Automotive is retaliating because they gave me an estimate to repair one of my vehicles which were too high and a short warranty period (90 days). I removed the vehicle and took it to another garage (P&C Racing) which did the work at a much more competitive price and a three year warranty. I assumed that Blank Automotive understood that the move was for a more substantial warranty and that they could not match. So taking my F150 to them for an emission and correcting the check engine light was the first time back to them since I used the other garage. Questions for Blank? Was the truck towed to Cowls Ford or driven, since it needed a Timing Chain and they did not have the tool? Why on the Invoice to Cowls Ford did Blank Automotive not specify to Cowls Ford that the Vehicle needed a Timing Chain replacement? I am suing Blank Automotive for the cost of the Long Block engine ($3500.) and Labor cost ($1600.) for a total of five thousand and one hundred dollars ($5100.)
- Category: Automobiles
- Date:
- State: Virginia
Answer:
To hold Blank Automotive liable for the damages, you must prove that their negligence directly caused the engine damage. Expert testimony from a qualified mechanic may help establish facts that are beyond the understanding of the average person. Whether the truck was towed or driven when moved could be relevant in determining proximate cause, which is the legal link between an act and the resulting damage.
Proximate cause is defined as an act or omission that legally results in liability. It refers to the cause that directly produces an event, meaning the event would not have occurred without that cause. This concept is crucial in tort law, as it connects negligence to liability for injuries resulting from an accident. The plaintiff's attorney must demonstrate that the defendant's negligence was a direct cause of the accident and the injuries sustained. Conversely, the defense must show that any contributory negligence on the plaintiff's part also contributed to the accident.
There can be multiple proximate causes for an accident, and different negligent acts by various parties may lead to the same outcome. Additionally, if an intervening cause arises after the original negligence, it may reduce the defendant’s liability or eliminate it if it is the primary reason for the injury.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.