Update on 2 court cases i posted about

JOCCO · Mar 17, 2017

These involved a parts store being sued for an engine warranty and a wrong fluid in tranny issue. THE ENGINE ONE: was further along than I realized, they (parts store) lost badly. Judge said they issued warranty and had no bearing what the company they got them from did!!! Manager/owner represented parts store and did not try to defend but used excuses like they no longer do business with the engine suppler. They had got one engine but since contract was up they could not get another. They could not issue refund since they only make a small profit on the engine!! (2 engines failed). Delivery company did not get all they sued for but a large amount of it. Auto parts store said it was unclear as to where judgement pay off would come from if awarded (judge was not buying it). TRANNY ISSUE: auto parts store agreed to pay for fluid, filter , flush etc. I think this was a weak tea solution to say out of court, after the engine mess!!!

ss55 · Mar 17, 2017

I think the verdict in the second case was very generous as the car owner installed the fluids himself and them tried to sue the parts store because he used the wrong fluids.

steve706 · Mar 17, 2017

I think the parts store was more than reasonable with the fool who didn't read the container. Because somebody is so dumb as to not read a label, they shouldn't try to force others to pay. The entire point of manufacturers putting labels on products is so the end user has the information they need when the item is used. Can't fix stupid it seems.....

steve_in_mo · Mar 17, 2017

A lot of people are second-guessing the tranny fluid case, but did the customer ask for fluid for a specific make-and-model car and trust the counter guy to look that up and sell him the right stuff? That's a lot different than if the customer brought the fluid to the counter, paid for it, and then took the containers home to install in his car.

dr sportster · Mar 17, 2017

I think if I need a lawyer to work on my car I'm in big trouble.

JOCCO · Mar 17, 2017

"but did the customer ask for fluid for a specific make-and-model car and trust the counter guy to look that up and sell him the right stuff"

PRETTY MUCH THE CASE and when the boss went back The manager admitted the mistake. I have been 50/50 on this but I do see both sides. Yes the end user should have checked and yes the counter guy should have not made the mistake.

oldtanker · Mar 17, 2017

(quoted from post at 11:04:06 03/17/17) "but did the customer ask for fluid for a specific make-and-model car and trust the counter guy to look that up and sell him the right stuff"

PRETTY MUCH THE CASE and when the boss went back The manager admitted the mistake. I have been 50/50 on this but I do see both sides. Yes the end user should have checked and yes the counter guy should have not made the mistake.

Granted that we have the internet available even on our cell phones. That means a person can look up what their vehicle takes. So even a used vehicle owner with no owners manual really has no excuse. Now I have seen people with my own eyes, some well educated making 6 figures, ask a counter person in a parts store what fluids do they need for everything from engine oil to 2 cycle to tranny fluid. Same with a spark plug for a lawn mower. Some guy standing there saying "I have an XYZ brand mower and need a plug". Then trying to talk their wife into identifying the make and model of the engine. Now the parts store I use won't sell em anything on a guess. I'm in line in front of you and ask for tranny fluid for an 04 Chevy pickup and as soon as I'm done you ask for the same they will demand to know year, make and model from you. So I can seem where someone with no experience could ask for the fluid needed, get the wrong stuff and dump it in not knowing any better. Gotta remember that we, us, tractors nuts know about this stuff while many people have no idea.

Rick

Greg K · Mar 17, 2017

Sounds like therected may be a bit more to the story on the engines, like the store is liable for for anything that they sell and it is up to them to recoup their losses from their vendors. As far as the wrong fluid case, they are giving away $200 to keep their name clear, not necessarily out of legal obligations. Thanks for the update.

steve_in_mo · Mar 17, 2017

The blind leading the vision-impaired?

Hobo,NC · Mar 17, 2017

A judgement can be worthless if they don't pay they don't pay.

Update on 2 court cases i posted about

JOCCO

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ss55

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steve706

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steve_in_mo

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dr sportster

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JOCCO

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oldtanker

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Greg K

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steve_in_mo

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Hobo,NC

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