Stormylove2001
New Member
I need some assistance. I live in Berks county, PA. April 20, 2010 I had my 99 Olds Sillouette tuned up at a local mechanics. He was supposed to do an oil flush, trans flush, filter changes, wires and plugs. He charged me $341.43 for the cost of the above work. After the tune up I noticed the van seemed to have slight hesitation but chalked it up to the new tune up (not being a mechanic and all). I drove the van to NJ (an hour and 40 minutes away) Saturday July 10th to pick my 9 year old daughter up from camp. When I went to turn, I heard a loud pop (sounded like my engine fell) and then the van started making a strange sound. I immediately pulled off the road. (intersection of two county routes) I called my step father, who had to drive from our home town to come pick me up. I was on the side of the road for 3 hours, in the sun, unable to turn the car on for air conditioning due to the sounds the engine was making... with my 9 month old and 9 year old daughters. I also have severe anxiety and the situation obviously had me in a near state of panic. I waited 3 hours for my step father (who had gotten lost on the way up since I was not sure exactly where I was), then we had to wait an additional hour for the tow truck to arrive. My step father jacked the van up and could tell a spark plug had blown from the engine, but was unable to reach it to replace it. The van had to be towed from NJ to PA. It happened to be my daughters 2 year old birthday which I missed due to being stranded on the road all day. (she was at home with her father). Monday I went to see the mechanic who did the original tune up and was told he never did the work, then when I produced the original receipt was told he could not fix the problem and to take it elsewhere and to call him with what they found. I offered to bring the van back to him. He declined. I had the van towed to a different mechanic who is well known, and was told it had in fact been the spark plug, that the engine itself was fine, and the spark plug must not have been put in properly in the first place. He said he replaced it and the van is now running fine. He also said there were some plugs that did not look like they were replaced at all, as well as some wires. The engine did not look like an oil change nor a transmission flush had been done. He is performing the work the original mechanic had not done but charged me for. I called the original mechanic and explained the situation and was told he does not have the money to pay to get it fixed, I should have brought it to him (I offered), he wants to pay in installments. I'm a mother to 4 living on a fixed income... I don't have the money to pay for the repairs anymore than he does... he owns his own shop!
So this is my question... I know I have a valid civil suit. Can I sue him for:
The cost of gas for my step father to get to and from NJ.
The tolls.
The towing charges.
The cost of the original tune up he never did properly.
The cost of the new tune up so I can drive the van again.
The time it took my step dad to come get me (he had to take off work)
Also... can I sue him for mental distress for being on the side of the road for 4 hours with my two young children ALONE (with severe anxiety that is documented) in the heat and for having to miss my 2 year old daughter's birthday due to his negligence to put in the spark plug correctly? If so how much can I sue him for?
One other thing, this guy is already known to be shady (just found that out). He lost his right to do inspections due to being negligent, and is leasing his shop shortly due to this. I know I have a good case against him, I just need to know what I can sue him for, how much, and what statutes to list in the civil suit. I have receipts for everything.
Any help anyone can give me would be greatly appreciated!!! Thank you so much!
So this is my question... I know I have a valid civil suit. Can I sue him for:
The cost of gas for my step father to get to and from NJ.
The tolls.
The towing charges.
The cost of the original tune up he never did properly.
The cost of the new tune up so I can drive the van again.
The time it took my step dad to come get me (he had to take off work)
Also... can I sue him for mental distress for being on the side of the road for 4 hours with my two young children ALONE (with severe anxiety that is documented) in the heat and for having to miss my 2 year old daughter's birthday due to his negligence to put in the spark plug correctly? If so how much can I sue him for?
One other thing, this guy is already known to be shady (just found that out). He lost his right to do inspections due to being negligent, and is leasing his shop shortly due to this. I know I have a good case against him, I just need to know what I can sue him for, how much, and what statutes to list in the civil suit. I have receipts for everything.
Any help anyone can give me would be greatly appreciated!!! Thank you so much!
