Help! My engine fell out!

I took my wife's car (1999 Grand Prix) in for service at the Pontiac dealer the other day. In particular, the oil pan gasket needed replacement. In order to do this they needed to loosen the lower motor mounts. When the work was complete, I drove the car home (10 miles on a 4 lane highway at highway speeds (60-65 mph). 2 hours later, my wife gets in the car to return some rented videos. She gets about 6 blocks from the house when the lower motor mounts FELL out, causing a portion of the motor to drag on the ground. Also, the steering column became disengaged from the axle causing the car to completely lose steering.
Fortunately, my wife was traveling at a slow speed and she was rounding a corner so she could get the car out of traffic without needing steering.

The dealer has since fixed the car (little damage was actually done except for the scrapes) and has offered to pay for towing. Since my wife or I could have been KILLED if the circumstances were different (65 MPH on the highway), do I have any right to demand monetary damages from the dealer and what is a reasonable amount? For now, all we have asked for from the dealer is a refund on the service we received, but they have refused.

My state is Pennsylvania.

Thanks,
Will

[I AM ALWAYS LIABLE]

Originally posted by wilbergris
I took my wife's car (1999 Grand Prix) in for service at the Pontiac dealer the other day. In particular, the oil pan gasket needed replacement. In order to do this they needed to loosen the lower motor mounts. When the work was complete, I drove the car home (10 miles on a 4 lane highway at highway speeds (60-65 mph). 2 hours later, my wife gets in the car to return some rented videos. She gets about 6 blocks from the house when the lower motor mounts FELL out, causing a portion of the motor to drag on the ground. Also, the steering column became disengaged from the axle causing the car to completely lose steering.
Fortunately, my wife was traveling at a slow speed and she was rounding a corner so she could get the car out of traffic without needing steering.

The dealer has since fixed the car (little damage was actually done except for the scrapes) and has offered to pay for towing. Since my wife or I could have been KILLED if the circumstances were different (65 MPH on the highway), do I have any right to demand monetary damages from the dealer and what is a reasonable amount? For now, all we have asked for from the dealer is a refund on the service we received, but they have refused.

My state is Pennsylvania.

Thanks,
Will

My response:

You don't get damages for just "Emotional Distress". Emotional Distress is not, on its own, a Cause of Action. Emotional Distress must be "linked" to another, and viable, Cause of Action - - like "Negligence".

However, in order to sue for Negligence, there must be, and you have to prove all of the elements of:

1. A duty to you (you can prove that, easily);

2. A Breach of that duty (you can prove that, easily);

3. Damages (you can't prove that because you weren't injured or damaged).

If you were injured, then you'd have all the necessary elements of "negligence" and you could then, perhaps, add "charging allegations" in a lawsuit for your "emotional distress" arising from their Negligence.

But, since you can't prove all the elements of "Negligence", all you get is your car fixed. Have you ever heard of the old saying, "No harm, no foul"? Well, in a nutshell, that's another way of describing the law of Negligence.

Stop going to car dealerships for car repairs. Mom & Pop repair shops are more reasonably priced, can by law do authorized warranty repairs, they need your business, and are far more careful with your car because they need your business. Car dealships don't care at all.

IAAL

[Edited by I AM ALWAYS LIABLE on 11-29-2000 at 02:18 PM]

Thanks IAAL. I had a feeling that I was helpless in this matter. I just needed the right person to tell me.

There is good news however. My wife (did I mention she was pregnant?) wrote a long letter to the owner of the Pontiac dealership explaining what had happened. The owner called her today and granted her wish, after others have refused, of a refund on the $400+ of work that was done on the car that day, including scheduled 60,000 mile service totally unrelated to the engine mounts. Her argument was that she was not satified with the job they had done (what an understatement!) and that she deserved a refund.

[I AM ALWAYS LIABLE]

Originally posted by wilbergris
Thanks IAAL. I had a feeling that I was helpless in this matter. I just needed the right person to tell me.

There is good news however. My wife (did I mention she was pregnant?) wrote a long letter to the owner of the Pontiac dealership explaining what had happened. The owner called her today and granted her wish, after others have refused, of a refund on the $400+ of work that was done on the car that day, including scheduled 60,000 mile service totally unrelated to the engine mounts. Her argument was that she was not satified with the job they had done (what an understatement!) and that she deserved a refund.

My response:

Well, all's well that ends well !! Thanks for the nice compliment too, and CONGRATULATIONS to you and your wife on your expectant bundle of joy.

Now, remember to get an NHTSA Approved Car Seat, and ALWAYS put that wonderful and precious cargo in the back seat. I always recommend to my clients that they go to a hardware store and buy a piece of 6 inch thick foam and velcro it to the back of one of the back seats, so it's directly in front of baby. Extra precaution and safety.

Thanks for writing.

IAAL