Preparing to sue,what should I do?

[mlsara]

My "story" is below and what I seek now is some advice on exactly what type of evidence/documentation I need to bring this guy (owner of the auto repair shop) to smalll claims court and to win my money back. I understand that some small claims courts will not accept affidavidts as evidence. I am planning to aquire the following to bring to court with me: 1- repair bill from the dealership (the repair has to be done ASAP,as the temp. fix they did can "GO" at any time and if it does it means a "fried" transmission) 2- Documentation from the dealer concerning the inspection process that the car goes through before it leaves the factory.3- a detailed report of the damage as seen by the mechanic when he repairs my car, as to the condition of the pre-repaired area and his opinion on HOW it occured 4- I have about a dozen e-mails out there to "experts" soliciting their opnion,these experts include engineers and mechanics.

I would also like to know that if I spend money on bringing an expert to court with me,can I also ask for his fee in the claim?

I wasn't prepared for the owner/mechanics "STORY" at the time so I can refute it, but I DO want to be prepared to win my money back.

I also visted him five days after the "REPAIR" to discuss this and to allow him to inspect for transmission leaks. I let him know that since I left his establishment I did my homework and we both know the damage was done in his shop and asked him to do the honorable,business like thing and repair it himself,properly. He denied damaging my car and claimed it was "IMPOSSIBLE" to strip the threads with a hand held tool. Again I told him that I "KNOW BETTER NOW" and the only question is: are we going to settle this amicably or do I have to take him to court. His reply "take me to court"

My story:
I was wondering if you could give me some advice. I recently had my transmission pan and filter changed (for the FIRST time) on my car. It is a four year old car with 30,000 miles on it. When the gentleman was finished he explained to me how two of the bolts wouldn't "SNUG" up. They claim it must have been a manufacture defect in as much as the female end and it's threads were improperly bored so that now when they are trying to replace the bolts they won't snug up. Also, that when he pulled the bolts out after his assistant asked for his help some of the female threads (casing)were attached to the male end (bolt)

It is my understanding from several lay people that have limited amount of experience that the above story regarding the manufacture defect could not be true. That if it was true then the bolts would not snug up to begin with (during manufacture),or if they managed to somehow secure them, by now (30,000 miles and four years) I would have experienced transmission leaks because the bolts would have failed within this time. They conclude that it had to be improper removal or replacement with (possibly) a power tool.

 

[mlsara]

Whoops: state I live in

Whoops: *S* I'm in Florida

 

[JETX]

As you have, or will find out, auto repairs (and especially transmissions) are not easy to prosecute. There are a lot of 'experts' that can argue both sides of the case, and each has some value and opinion.

This is compounded by the fact that your message is a little confusing....
If I understand it correctly, you had a tranny shop pull the pan, and in the process, you claim that two of the pan bolts were stripped by the shop. The shop claims it was a manufacturer problem and not their fault. Is that pretty much it????

If so, some random thoughts:
1) Since your car is only 4 years old, and with 30K miles, why not take it back to the dealer with the statement from the tranny shop. What does the dealer (and zone) say about the tranny shops claim??

2) Has the tranny shop put their claim (of manufacturer fault) in writing??? If not, ask them to. It would prevent them from 'changing' their story later.

3) Have you put your version of the facts in writing to shop and asked for a response??? If not, do it now. Send it Certified RRR. Is this tranny shop a local or chain?? If a chain, send a copy of your letter to the national office.

4) What PROOF can you offer that the tranny shop was negligent?? You can claim that they MIGHT have used a power tool and that experts say this should be done by hand. But what PROOF?? You are going to need more than 'suspicion' and the opinions of 'lay people'. You are going to need an expert to testify that they ONLY way the bolts could have been damaged was by the tranny shop.

In order to prepare for trying this case, you will need a LOT of support for your argument, and based on my understanding of the underlying claim, this will be hard to prove. You will also need some EXPERT to testify or state on your bahalf that the transmission shop was clearly at fault and the ONLY one at fault. And, yes, in most states he reasonable cost of an expert witness can be compensable. Further, your expert will need to be prepared to counter the transmission shops claim that THEY were not at fault. In my opinion, All in all, a very hard case to try, and even harder to prove. Try to settle this one without litigation.