Bought a 2004 Ford F150 near Portland Main, in April 2010. Drove the vehicle from Portland Main to home in Woodbridge, Virginia with no problems encountered. Took the vehicle for Inspection, which it passed safety but failed the emission because the check engine light had come on. Took the vehicle to Blank Automotive which has worked on many of my vehicles in the past, and some with the same problem of the check engine light which resulted in a sensor of some type. Was informed by Blank Automotive that the engine needed a timing belt, and they did not have the tool to do the work and they would be taking it to Cowls Ford for the work to be done. I then received a call from Blank Automotive stating that Ford determined the engine needed replacement. I picked the vehicle up at Cowls Ford and had the vehicle towed to P&C Racing for an examination of the engine, and was informed that the engine was now damaged beyond repair. P&C racing was unable to do the repair after a long exhausted period and the vehicle was moved to Wildfire Automotive. Wildfire Automotive started the engine replacement by rebuilding it with a re-manufactured Long Block, and proceeded to take parts from the old engine as part of the rebuild. Wildfire then informed me that some of the parts should be replaced since some were damaged by P&C Racing and we were so far into the rebuild and putting the old parts on a new or re-manufactured block would be a waste. I agreed and the following parts where installed and being backed out of the cost I am seeking: Following items were damaged by PC Racing __ Power Steering pulley $ 20.Oxygen sensor $210.Intake Hose $ 36._Power Steering Pump $ 78.Ignition Coils $272.Spark Plugs $109.Thermostat $ 17.Water Pump $ 75.Belt Tension $ 68.Serpentine Belt $ 35._Idler Pulley $ 40._High Pressure Hose $110._Exhaust Bolts and Nuts $ 30._Oil Dipstick $ 25._Radiator $225._Battery $105.Cam Sensors $ 50.Cam Solenoid $230. Motive of Blank Automotive: I believe Blank Automotive is retaliating because they gave me an estimate to repair one of my vehicles which were too high and a short warranty period (90 days). I removed the vehicle and took it to another garage (P&C Racing) which did the work at a much more competitive price and a three year warranty. I assumed that Blank Automotive understood that the move was for a more substantial warranty and that they could not match. So taking my F150 to them for an emission and correcting the check engine light was the first time back to them since I used the other garage. Questions for Blank? Was the truck towed to Cowls Ford or driven, since it needed a Timing Chain and they did not have the tool? Why on the Invoice to Cowls Ford did Blank Automotive not specify to Cowls Ford that the Vehicle needed a Timing Chain replacement? I am suing Blank Automotive for the cost of the Long Block engine ($3500.) and Labor cost ($1600.) for a total of five thousand and one hundred dollars ($5100.)
Category: Automobiles |
State: Virginia |
In order to hold the defendant liable for the damage, it must be shown that their negligent acts were the proximate cause of the damage. Expert testimony from a qualified mechanic may be used to prove facts beyond the average person’s understanding. The fact of towing or driving the car when moving it may be a factor used to determine proximate cause.
A proximate cause is one that is legally sufficient to result in liability. It is an act or omission that is considered in law to result in a consequence, so that liability can be imposed on the actor. It is the cause that directly produces an event. The event would not have occurred but for the cause. This is also referred to as direct cause, efficient cause, initial cause, first cause, legal cause, producing cause, primary cause or jural cause.
Proximate cause is used in tort law to link negligence to liability for an injury caused by an accident. The accident and injury must be shown to be the natural and probable result or consequence of the acts of negligence alleged by the attorneys to have been committed. The attorney for the plaintiff must prove that any negligence of which the defendant is accused proximately caused the accident and his or her injuries. A defense attorney must at the same time prove that any contributory negligence of the plaintiff proximately caused the accident and any injuries of which the plaintiff complains.
There may be more than one proximate cause of an accident. Multiple acts of negligence by different people may concur to cause the same accident, yet each may be deemed to be a proximate cause of the accident. Sometimes there is an intervening cause which comes after the original negligence of the defendant and the injured plaintiff, which will either reduce the amount of the defendant's liability. If this intervening cause is the substantial reason for the injury, then the defendant will not be liable at all.