Malicious Mechanic

Michigan

In April 03', I had my brakes repaired on my 97' Ford Taurus. I believe the mechanic tried to cheat me by recommending unnecessary repairs. When I called him on it (asking him to keep and show the parts when done) he changed his quote, removing the estimate for the extra work.

In doing this I believe I embarrassed him, and as revenge for this embarrassement, he sabotaged the brake work he did on my car. Specifically, I believe he deliberately ignored my calipurs which, caused my rear left brake to freeze in August 03'. When this happened I took my car to a Ford Dealer, where a Ford certified mechanic told me "the guy who did your brakes didn't lube the calipers and the when the caliper freezes the brakes will lock up, sometimes months later. It's common knowledge", he then wrote on the reciept "Note, Car does have newer brakes but claipers were not properly lubed."

Last month my case went before a magistrate in small claims and the defendant (the mechanics boss) testified about what their mechanics are trained to do and why. He testified that the calipurs don't need service that they only need to be checked and if not faulty then can be ignored (the cars manual states that checking the lube is critical but stops short of saying they need lube applied as a matter of course).

I was not very well prepared for my case in small claims (my first time). The Magistrate ruled that I did not prove the mechanic had ignored a procedure in working on my brakes and found for the Defendant.

In order to be brief here I have excluded many factors that give me cause to believe this mechanic did subtle things to sabotage the work he did. I firmly believe the calipurs were either neglected or deliberately reduced in function to elicit the outcome of my brakes freezing.

Because the initial hearing was before a magistrate, I was given the option of Appeal to a Judge. In two weeks I will get a chance to present my case all over again with a completely new trial. My question is, using affadavits and other, how can I present what I truly believe happened. That being, the mechanic had malice and intentionally abused his position of trust. Will the Judge allow my subjective opinion? Will it carry any weight? If not, what can I do to present the facts in a way that will point to this. I believe my case hinges on the understanding that this mechanic sabotaged the job.

Signed
instauratio

I think the only defense you may have is anything written by a certified mechanic as to the proper procedures to work on the brakes given what you had asked your original mechanic to do. And that may not be enough for the appeal. However, it was four months from the time the work was done and the caliper breaking. What was the warranty on the old mechanic's work? That can also be a lot of wear and tear on a car's braking system. It's not unusual that calipers would have been in fair condition when this mechanic did the other brake work and later deteriorated enough to fail. (I've owned Fords for more than thirty years ...I have a pretty good idea of their good and bad sides). You cannot deliberately reduce function on a caliper - it would have failed far sooner than it did.

And as far as sabotage - that's unfortunately your opinion - not a fact. At least not until you prove it. What was it that you considered "unneccesary repairs"? Seems to me you just called this mechanic's bluff on that one. Or did you?

suspicious behavior

I agree, that I will have a tough time proving what I say is true. It was 4 mos. and 20 days plus a total of 9000 miles traveled. However, I must point out that the Ford mechanic told me it is not uncommon for the calipers to sieze months later.

As for deliberately damaging the calipers - I don't intend to argue this. Rather I want to argue that he didn't apply lube to them as is required when changing the brakes. Part of my problem is that the notion that they need lube seems to be accepted as necessary proceedure but, I can't find it documented, beyond the recommendation in the Ford Manual.

Here is what happened to cause my concern.
On April 19th, the date this happened, I dropped my car off, an hour later the mechanic called and this is the conversation.

The mechanic introduced himself and said. "You need pads all the way around and rotars on the back". I replied, "I'm surprised about the rotars because I'm under the impression that I would have noticed something like that when driving"
"But if you are sure they are needed go ahead and do the work just save the parts so I can see them."

He immediately replied "you just need pads all the way around"
He provided no explanation for his sudden change, nothing. He just waited for me to respond.

I decided to go with his recommendation for pads and told him to do the work, feeling that he would not be able to cheat me if I am given the parts for inspection afterwards.

Immediately following my brake work...I arrived to pick up my car. The mechanic came from the shop to inform me that the parts I requested had been "accidentally" thrown away. He then advised me that I "might" have bearing problems in the very near future and left. I went to my car and found grease smeared all along the door jam. and bits of dirt littered in my car.

Three weeks later I had noise coming from my front end, I was told after inspection that the left bearings had gone bad. Two weeks later my right bearings went bad.

Okay, all of this might be a coincedence of bad luck and bad manners. But I feel strongly that it is not. Am I wrong to try and persue this? I feel pretty certain that I can get an affadavit from a mechanic stating that the calipers must be lubed or the brake will sieze

instauratio

You have a Note on your invoice from FORD that the calipers were NOT lubed.
Do they note what needed fixing ( because the calipers were not lubed). If not have them note it also .

You need to get a copy . Ask ford where you can find that info.

April - August you drove the car without ANY complaints.

This will go against you.

You have to convince the Judge that it is possible because the calipers were not lubed during the brake work it cause brake problems 4 mos. later.

How long was it before you had brake work done , was your previous work done ?

Can you get a copy of invoices with same kind of work?

Say 1-2 yrs prior.

If so, you could show you had NO problems on your last brake pad install, up until you had them replaced.

By the way, do not claim sabatoge !! Stick to the facts and be polite, and just speak to the Judge,don't interupt,and don't babble.

"My question is, using affadavits and other, how can I present what I truly believe happened."
*** And that, my friend, is your failing point. You BELIEVE these happened, but you have absolutely NO proof. And that is why you are (in my opinion), predestined to lose this trial also.

"That being, the mechanic had malice and intentionally abused his position of trust."
*** Where is your PROOF???? You have offered NONE in your post here, except pure conjecture.

"Will the Judge allow my subjective opinion?"
*** Probably.

"Will it carry any weight?"
*** No.

"If not, what can I do to present the facts in a way that will point to this. I believe my case hinges on the understanding that this mechanic sabotaged the job."
*** In my opinion, your case is built largely on assumption and belief.... and the chance of your winning is somewhere between slim and none. Hell, even the Ford procedures do not say that lubing the calipers is REQUIRED ("the cars manual states that checking the lube is critical but stops short of saying they need lube applied as a matter of course").

Bail while you can and you may not get stuck with their legal fees.

Legal fees?

Does an affadavit from a Ford certified mechanic stating that neglecting to lube the calipers when doing the brakes will cause them to sieze count for anything towards my case?

Am I really at risk of having to pay they're legal fees? With the affadavit (I didn't have this in the first hearing before the magistrate), don't I have good reason to question the repair and take it before a judge. Why then would I have to pay their legal fees assuming I do lose?

I could understand if I was being frivalous but, I don't see this as an indulgence on my part. The reason my brakes froze is a stuck caliper. If the Ford mechanic saw that they were "not lubed" and thought enough of it to tell me the mechanic who did my brakes "screwed up" then I believe I have good cause to accuse them. Also this is small claims, the claim I'm making is $600.00. They didn't have a lawyer present last time. Will these things make any difference?

Yes?? No??

If I am at risk of having to pay them I will drop the case. I don't want to give them any more money.

"Does an affadavit from a Ford certified mechanic stating that neglecting to lube the calipers when doing the brakes will cause them to sieze count for anything towards my case?"
*** Probably not. Most courts don't pay much attention to 'letters' or affidavits from persons not available since the other side can't cross examine the letter. Further, there is nothing in your post that POSITIVELY links the siezing to their actions. For all we know, you could have tried to repair the brakes yourself.

"Am I really at risk of having to pay they're legal fees?"
*** Again, can't tell you what they or the court might do, but you can bet if I was opposing I would ask that you pay them.

"With the affadavit (I didn't have this in the first hearing before the magistrate), don't I have good reason to question the repair and take it before a judge."
*** See above.

"Why then would I have to pay their legal fees assuming I do lose?"
*** Because your case, in my opinion, has no merit.

"I could understand if I was being frivalous but, I don't see this as an indulgence on my part. The reason my brakes froze is a stuck caliper."
*** Not necessarily true. There are LOTS of reasons why your caliper may have 'frozen'. Your assumption that it was their 'failure' to lube is just your opinion. And even weaker (and without any support) is your assumption that this was done in retaliation for 'embarassing' their mechanic. Do you really expect anyone to believe that this mechanic would risk your life, your families life and other drivers solely due to your 'embarassing' him???

"If the Ford mechanic saw that they were "not lubed" and thought enough of it to tell me the mechanic who did my brakes "screwed up" then I believe I have good cause to accuse them."
*** Accuse yes. Litigate, probably not.

"Also this is small claims, the claim I'm making is $600.00. They didn't have a lawyer present last time. Will these things make any difference?"
*** Simply, no one can answer what might or might not make a difference in the outcome. I can only offer my OPINION based on what you have said.

"If I am at risk of having to pay them I will drop the case. I don't want to give them any more money."
*** Then I suggest you consider that possibility. I also note that if they are still appearing without advice of counsel they may not consider asking the court for recovery of their fees (Michigan small claims does not allow attorney representation). This may be simply a risk you will have to consider.

"Do you really expect anyone to believe that this mechanic would risk your life, your families life and other drivers solely due to your 'embarassing' him???"

Actually I don't believe the intentions of the mechanic included these thoughts. The problems I saw took place in managable spans that simply cost me money - My families and my own welfare was never at any time at risk.

On every other point though, your advice rings true. I am going to consider long and hard before I persue this case further.


Thank you JETX I am very grateful!

And everyone here who has contributed to my posted questions. This board is a remarkable service. I am amazed at the attention to detail and function besides the obvious wealth of knowledge!

>I agree, that I will have a tough time proving what I say is true. It was 4 mos. and 20 days plus a total of 9000 miles traveled. However, I must point out that the Ford mechanic told me it is not uncommon for the calipers to sieze months later. < (not uncommon because of the lack of lubricant or not uncommon, just because?...9000 miles is a bit of mileage even at today's standards)

> As for deliberately damaging the calipers - I don't intend to argue this. Rather I want to argue that he didn't apply lube to them as is required when changing the brakes. Part of my problem is that the notion that they need lube seems to be accepted as necessary proceedure but, I can't find it documented, beyond the recommendation in the Ford Manual. < (the manual could be sufficient to warrant proof of a requirement - I'd copy the page where that's listed along with the manual's cover - and bring the original manual, just in case)


> He immediately replied "you just need pads all the way around"
He provided no explanation for his sudden change, nothing. He just waited for me to respond. < (you called his bluff - and he realized that quickly, the reason for his abrupt change - at that point I would have told him to put the car back together and I'll take it somewhere else - and yes, I've said it!)

(having the parts 'accidently' disappear is, as I think we all know, a lie - but short of raiding his shop, you had to take his word for it, unfortunately)

Okay, all of this might be a coincedence of bad luck and bad manners. But I feel strongly that it is not. Am I wrong to try and persue this? I feel pretty certain that I can get an affadavit from a mechanic stating that the calipers must be lubed or the brake will sieze (If you wish to pursue, then do - the worst that can happen is you'll lose the fight and get nothing out of it..)

(Definitely change mechanics! It's not easy to find trustworthy mechanics nowadays. They're all out to make a buck. Case in point: I take public trans to work, so don't use my car much. I have a 93 Ford T-Bird and brought it to a Ford Dealer to have them look the car over and let me know what it needs - wrong thing to do....not only did they drum up parts I never heard of, but they told me my front rotors were shot and needed replacement along with brake pads all around. I said "That's amazing since the rotors were just changed two years ago!".. "Yeah? (I get back from the service guy) - "who did them?" My reply - "Your dealership!".... shut him right up! In short, they had me buying a new car with the price of repairs they wanted to do. Probably 90% of it wasn't needed. I ended up having my oil changed and told him I'd think about the rest. Then I brought the car to another "fairly trusted" mechanic - he said my brake pads were nearly new and nothing wrong with the rotors......go figure.

Well, best of luck with this appeal - although it's a real touch and go thing, I do really hope you win!

Mileage

Interestingly, I had simply taken the word of the defence as true with respects to the mileage. I just looked at the receipts and found that the mileage was 6,571. LOL

I guess that will teach me!


As a side note, I just got off the phone with me sister who is an established lawyer (she works for prestigous firm). I didn't ask for her assistance because she is too busy for me and it appears to be a nuisance when I ask her. This time she volunteered because ....because....??? well I don't know.

Any way she was markedly upset when I mentioned that I was getting advice from a forum on the internet. "what kind of advice do you expect to get from the internet???? If they have time to sit around playing on the internet, then they obviously have no cases!" I know that this is not true and that she was just upset because it diminished the importance of her councel. I explained that there are probably checks in place to make certain that the advice is credible. She then got upset and began insulting me directly. It was a quick and disaterous call. Oh well.

My point in posting this is, I'm certain that the advice I have received here is first rate. You only have to read back over this post to see that all of the contributions are sound. The question I am stuck on though, is: What in fact could I have presented to her to establish the credibility of this site and it's experts? What checks and balances *are* in place that provide incentives for the professionals dispensing advice? I looked pretty good through the site map and don't see anything that explains the structure.

Am I right in guessing that this is like a law firm that works soley on dispensing advice over the internet? If so how are the attournys recruited? Do you have to pass some sort of litmus?

I hope I'm not violating anyones sensibilities by taking this tangent here.

Instauratio

Many of the advice-givers are in the legal profession, and the reason why they'll direct you to certain other websites to read more on a certain concern you may have. Some are not, but work with cases that may be similar to yours or other situations - they also often times, will have websites and links to check out to help you. Some are like me - I am a legal assistant and have worked for approximatley 16 years in lawfirms doing litigation, corporate, real estate, estate planning, etc. My answers are based more on experiences I've had and some knowledge of laws that I've become familiar with over the years.

Remember, that any answer you get here is NOT to be construed as the type of legal advice that's a client/attorney relationship - and it's entirely up to you to do more research before you act on any advice given here. I will always mention, when I'm leaning toward legal terms, that my answers are based on laws in my state and do not necessarily reflect the laws in your state. Hopefully this clears me of any liability.

These forums are also monitored and any one is subject to removal if unacceptable terms/words, etc. are used and seen by the people monitoring.

I find it amusing, though, that your sister was upset you turned to something like this, but had little time to give you advice of her own, which would most likely be better for you. I guess sisters can be that way. I'm sure she still cares, though!

Hope this helps a little.

I found this on a Auto mechanic's forum : If it would help you in your decision.

They do note , there is no regulations "as far as they know " on repair " requirements" on the brakes.

You might be able to convince a Judge if you find in Chilton's and copy the procedures , that you should be compensated for having to have Ford fix the brakes, but personally I see where they could argue different scenarios of why you might have had brake problems.

Remember, your the one that brought the claim.It's up to you to PROVE it.

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from the site:


Far as I can see in my Chilton's. the caliper slide pins should be lubricated. If the pins are not lubed, the brakes should not seize. Just have uneven wear between the inboard and outboard pads.

If the correct grease is used, it should not disappear.

What is the problem with the brakes exactly?

exact problem as described on receipt

Begin receipt

A CK POSS SIEZED CALIPER FROM REAR

Found F pads 70%+ and Caliper pins very stiff R pads very uneven wear on rr Caliper due to siezed Caliper pins and LR begun siezed ness (sic) to lupe F Caliper pins, ness (sic) to extract and replace rear Caliper pins and boots, Replace Rear pads and replace rr rotor 4.0HRs. Note Car does have newer brakes but Calipers were not properly lubed.

End receipt

I wrote this verbtim so that you can see what the Judge would see. I interpret the R's as rear and F's as front and Ness as necessary. Maybe?

in any case you can see that the damage was significant and was all the way around. Not on one wheel, conicidence?

While we're on the subject, the Magistrate, while she accepted the receipt, seemed adament about the mechanics opinion not being allowed as he could not be cross examined. Does anyone know if I can hold this receipt and read from it to present my case? Even though it represents the Mechanics opinion and he will not be present.

Thanks Blonde lebinese for the research - I will absolutely check it out, I think I own a chiltion manual.

I'm trying to get a hold of an actual Ford manual, but it's not likely. I understand that they have published it online in Adobe Format and no longer keep or publish paper versions.


Instauratio

At your local MAIN library, you should find what you need. They may even have a copy machine for the purposes of copying pages from books for a small fee.

Yes, you have a right to present your case.

I just had a case 2nd filing ( trial de Novo )

I presented my case and read Auto defects off the auto repair facility invoices ( receipts ).

You should certainly be able to read from your invoice word for word. It's not too long.

If the Judge interrupts you and ask a question, stick to the facts and to the point.

On one of my invoices it noted recent work too.

I'm waiting for my decision soon.

You should have complained to your DMV safety division .

Look up your DMV info. on safety and what parts are covered.

The main thing is too convince the Judge that because the Defendant neglected Lubing the pins , you incurred money damages and should be compensated for it.

Did you ever try bringing the bad breaks to the attention of the Defendant though ? To see if they would fix them free .
The Judge might ask you that .

Defendant

Shortly after I had the brakes done I experienced bearing problems. I did not have a good experience with the particular store (the defendant is a chain outlet that has many stores in my area) that did my brake work. I really did want to go back to this company at all. But because I worked long hours and had an inflexible schedule at the time, they were convienent in terms of hours and location.

So, when the bearing noise appeared I decided to take it to another store with the same company thinking that the last store might just have been renegade. I thought that with a simple noise there is not much room for thievery when fixing a simple noise.

The mechanic purportedly fixed my bearings on my left side. He also claimed to have found the Tie Rod Ends had gone bad and needed to be replaced. I immediately got suspicious and wanted explanation. The desk clerk told me that they get loose and that when the job is done I will see that they are loose and at that point I will know that it was necessary. He was convinced, he was convincing. I authorized it.

When the job was done, he brought the Tie Rod ends to my attention and showed me that they were.............stiff. I was completely dumbfounded. He just ripped me off and then didn't even try to hid the fact!

I was shocked and didn't think straight, in hind sight I should have kept the parts and demanded my money back. But at this point I had only heard rumors of repair scams, I had never been to court. I was focused heavily on my work and fought everyday not to be overcome with distractions.

I resolved that yes, he did just cheat me again, but I would simply take this as a lesson and never allow it to happen again. I don't know how I imagined that I would do this without the simple notion of defending myself (saving parts for proof) but again was very shocked. I firmly believe and trust in good will.

Then as the mechanic who did the work hands me my keys, he says "you will still have noise, your tires have worn down and they were out of alighnment so the tread wear is uneven. I took a mental note and got in my car and left.

I had been planning for the coming winter (In Michigan you think about these things in May) and thought it might be a good idea to get new winter tread tires. Mine were still good and could go another year, but I felt I would probably get horrible traction in the snow - it makes a huge difference.

So, I drive away with the noise and it sounds remarkably similar to the noise I went in with. For the next few weeks I suffer with this noise. Then one day I have the money and Sears is having a sale and so I buy new tires. LO and b'hold, the noise is still present even after I get new tires.

I take the car to the Ford dealer and they declare that my bearings are bad on the right side. At this point if you aren't thinking the defendants' mechanic fixed the wrong side, then you haven't been following along. The Ford mechanic recommended going back to the defendant because I explained the noise never did get fixed, it had been there before and after the original bearing work

The shamelessness that the defendant operated under was disgusting. I took the car back to the original shop as you suggest, I had them look at the noise. They declared my right bearings needed repair and were all to happy to repair them for me. I explained the whole timeline and then the manager came out and told me that the mechanic thinks it might be my transmission. "Take it to a transmission shop and then if they feel it is still the bearings then we will fix it for free".

I did so. The transmission shop declared it was indeed my transmission and that it would be a $1000.00 to fix. "we offer financing" he told me. I refused the service and took my car back to the ford dealer and had them do the work.

I then went to the defendant and demanded my money back.

At this point I no longer trusted the defendant and did not feel obligated to trust them with my vehivcle. I felt they were incompetent and the only correction I would allow from them is return of money spent.

When my calipers siezed, it was inconceivable that I would take it back to the defendant for repair. They would have lied about the reasons and then would have charged me.

Instauratio.