What's worse than being separated from your car while it gets repaired? How about getting a loaner from the shop that is so poorly maintained as to be dangerous?
That's what Dana Thorsen says happened to her (Scribd) when she lost control of her alleged lemon of a loaner and ran into residential mailboxes and trees before coming to a stop in the ditch. She suffered serious injuries of an unspecified nature that left her disabled and traumatized, according to the complaint:
"[Thorsen] became sick, lame, and disabled, and so remained and will remain for a long period of time, during which time she suffered and will suffer severe pain and anguish in body and mind..."
Never mind that loaning out an improperly maintained car doesn't exactly inspire confidence in the services of an auto mechanic. It's just a simple matter of liability when its alleged poor maintenance results in a car accident.
If Thorsen wins her negligence suit, defendant Anthony Pontiac -- likely already tight, as are most auto dealerships nowadays -- will be short at least $50,000. (Illinois injury suit complaints rarely give an exact amount and usually only indicate that damages in excess of fifty grand).
In her eight-point list of "negligent acts or omissions," Thorsen claims that the auto dealership mechanic failed to inspect the tires, failed to replace the tires as necessary, failed to inspect and service the entire car and failed to warn her that the tires were unsafe.
In other words, they should have checked the tires but didn't. Like most lawsuits, her Illinois injury attorney wants to cover all the bases and restate the "negligent act" exhaustively so as not to allow any wiggle room for the defense.
Perhaps Thorsen should have another mechanic take a look at her own car once she gets it back, just to be on the safe side.
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Auto Mechanic's Liability For Damages Resulting From Negligent Repairs (eZineArticles.com)
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Illinois Lemon Law (Illinois Attorney General)
