Help writing my plaintiff statement

[corrin]

I am hoping someone can help me. Long story short... I took my vehicle to a local mechanic, he agreed to replace headgasket if I purchased all of the parts. His labour was $450. He had my vehicle for 3.5 weeks total, of which it sat in parking lot windows open, after the took engine out and couldnt roll windows up... Thats not even the half of it. In total I paid him $800 cash, for labour on the gasket and to install a new cylinder head, which came up 2 weeks into the job. Thats all fine and dandy. Except, when we picked up our vehicle 3.5 weeks later, we noticed power steering was no longer working. We immediately took our car to another mechanic, who inspected our car and alerted us that when previous mechanic put engine back in the car, he crushed all power sterring lines, pump, fuel lines, put timing belt on backwards, breaking it. And numerous other faults. The total damage he did to our car was $3500.... We have had our vehicle fixed, and are now suing to recover the money. I am just unsure of what most important info to put in my plaintiff statement for small claims, i do relaize i will get to elaborate in court. Another point, when our vehicle was parked, window wide open for 3 weeks outside, hand tools, refridgerations guages, and battery eliminator charger was also stolen.. Obviously my biggest argument is that i want the damages paid for, and hopefully even my $800 cash I orig gave him.. I only have one reciept, for $100 i put on my sisters visa, i paid the rest cash. Can anyone help me??? Please...

 

[Gail_in_Georgia]

How about this...

"I took my took my vehicle to a local mechanic He agreed to replace headgasket if I purchased all of the parts. His quote for labor was $450. He had my vehicle for 3.5 weeks total. It sat in his parking lot with the windows open. During this time period, hand tools, refridgeration gauges, and battery eliminator charger were stolen.

He ended up also installing a new cylinder head; the final bill was $800 cash.

When we picked up our vehicle 3.5 weeks later, the power steering was no longer working. We immediately took our car to another mechanic, who inspected our car and reported that when previous mechanic put engine back in the car, he crushed all power steering lines, pump, fuel lines, put timing belt on backwards, breaking it.

The total damage he did to our car was $3500.... We have had our vehicle fixed, and are now suing to recover both the $3500 and the $800 paid to the first mechanic."

Gail

 

[jharris352]

I know you didn't ask this question so excuse me if you don't want this information. The Judge will not give you back the $800 you paid him originally because in the end your work got done. I know he did it wrong and it all had to be fixed but that $800 job is inside the $3,500 job. You see you are really only out the $3500 extra that it took to fix what the $800 job did. It may not make sense at first but if you think about it long it will. :yes:

Gail is right. Keep it very simple. The only thing I might add is the estimated value of the things you lost in the vehicle. If he has a disclosure sign at his business that says he is not liable for items left in your car you may not be able to recover for that either, but I would still try.

He does have a duty to properly care for your property and leaving the windows open and your property unguarded is a violation of that duty in my opinion.

Good Luck.