OT: Adam, I have a legal question for you
On Wednesday, my friend took her car to a Midas automotive complex in College Station to have her studs and lugnuts changed so that the car would be relialble to travel. She had them check their work several times before accepting their word that the car was safe. On Thursday, she came to Fort Worth to pick me up and then we headed off to Arkansas for an interview she had in the PA department at Harding University. About 6 hours into the drive, with no prior warning and about 300 miles from Fort Worth just past Malvern Arkansas, one of her wheels came off of the car. We were travelling about 70 miles per hour when it happened (the speed limit in Arkansas on I-30 is 70 and 65 for trucks) so the tie rods were what stopped the car. We slid for probably 100 yards or so before coming to a halt on the shoulder. There were a couple of 18 wheelers behind the car when the tire rolled off. After finding the wheel, there were 4 of the lugnuts with half of the studs still inside of the lugnuts. There was a clean break of all of the studs that held the wheel on. We had it towed to a tire company out there and the mecanics said that Midas had probably over torqued the lugnuts and put too much stress on the studs or forced the wrong type of lugnuts on the stud which kept them from screwing on as far as they were suppose to.
I'm wondering if we would have any type of case against Midas for putting our lives in danger either recklessly or through knowing the possible consequences for not fixing the car correctly. They ensured my friend that the car would be safe to travel to Arkansas in and she still has all of the documention saying that they worked on it on Wednesday. This was a really stressful period and it's going to set me and my friend back at least $2,000 for the towing and to get the car fixed and for the extra hotel room. Not including the stress and potential for injury that they put us through. I don't know any other lawyers so I'm begging for your assistance on this issue.
1 recs |
118 comments
Comments
Uh oh.....
You really shouldn’t ask for free legal advice on here.
"Colt mccoy sucks, mack brown needs to be fired." - Longhorn
by DaheelzCM on Nov 23, 2008 3:31 PM CST reply actions 0 recs
Well it's a Sunday
And there really aren’t many law offices open today.
by hiafex on Nov 23, 2008 4:03 PM CST up reply actions 0 recs
I'm not a lawyer
But I did work as a grease monkey while I was in college.
If you’ll keep all of your receipts and take them back in, they will have a process for filing a claim — the individual shop probably won’t handle it. They should at least pay for fixing the car. If you’re firm and raise hell, they may pay for your hotel stay, especially if you can provide a paper trail that shows that wherever you stayed was not your ultimate destination.
If you’re looking for those “pain and suffering” types of things, I think you’ll have a pretty hard time since there was no physical injury.
That’s the way things used to work back in the 80s. It might give you a place to start.
by robert_d_wilfong on Nov 23, 2008 3:59 PM CST reply actions 0 recs
Yeah, I'm a CJ major and am taking a Criminal Law class right now
So I figured there should be some way to stop them from taking short-cuts while fixing a vehicle. Making them pay us back isn’t going to stop them from taking those short-cuts. I was researching on Wikipedia but figured that I should get the opinion of a Board-certified lawyer. I just want to know if it would be worth it to take them to court for their knowing/reckless actions.
by hiafex on Nov 23, 2008 4:07 PM CST up reply actions 0 recs
Before worring with a lawyer
Have you contacted Midas? I am sure they insurance to deal with this sort of thing. Mistakes happen.
by Rob ONeal on Nov 23, 2008 4:43 PM CST up reply actions 0 recs
I don't know if their insurance would pay for anything besides the car repair
And the towing was almost as much as it is going to cost to get the car fixed.
by hiafex on Nov 23, 2008 5:06 PM CST up reply actions 0 recs
midas
from what ive heard of midas this doesnt surprise me. i knew someone who took their car there for brakes and the emergency brake failed a few days later and their car rolled down a hill.
"I'm against picketing, but I don't know how to show it." - Mitch Hedberg
by rentz on Nov 23, 2008 4:17 PM CST reply actions 0 recs
good answer
By 2028, Mark Teixeira will be in the HOF.
-The Outlaw
by Gdawg on Nov 23, 2008 4:50 PM CST up reply actions 0 recs
What kind of lawsuits do you focus on?
by hiafex on Nov 23, 2008 5:04 PM CST up reply actions 0 recs
Probably ones that pay
"Colt mccoy sucks, mack brown needs to be fired." - Longhorn
by DaheelzCM on Nov 23, 2008 5:07 PM CST up reply actions 0 recs
All I was asking was if we had a case or not
It’s not like I’m asking him to do any research or bring in any expert witnesses or take time out of his day to argue my case. You could be a little bit more considerate of my predicament.
by hiafex on Nov 23, 2008 5:46 PM CST up reply actions 0 recs
He's a divorce attorney
"I know you're a bit dense but no, it doesn't. Obviously lying isn't a problem for me."
by benmor78 on Nov 23, 2008 5:26 PM CST up reply actions 0 recs
Ahh, thanks Ben
And thanks Adam for at least looking at this and commenting.
by hiafex on Nov 23, 2008 5:47 PM CST up reply actions 0 recs
He could have been a little bit more considerate with your predicament.
GREINKE HO!!!!!
by oc on Nov 23, 2008 5:54 PM CST up reply actions 0 recs
Well, it was up to him to decide if he wanted to help
And he either can’t or he chose not to. I didn’t offer him anything in return for his advice so it makes sense if he chose not to help.
by hiafex on Nov 23, 2008 6:05 PM CST up reply actions 0 recs
How so?
I don’t have an answer for that sort of situation. It is quite far afield from the type of law I practice.
by Adam J. Morris on Nov 23, 2008 6:09 PM CST up reply actions 0 recs
If the car had suddenly and without warning filed for divorce at 70 mph on the highway, then you could've saved the day fo' sho'.
The 40 Trumps All!!!
There are two kinds of men in this world: Men who make jump throws, and men who wish that they were Derek Jeter so that they could make jump throws.
by thedirkatron on Nov 23, 2008 6:18 PM CST up reply actions 3 recs
The guy suffers through an exhausting ordeal, he reaches out to you, a respected figure in this community, under the assumption that you're an injury attorney... and you offer...
I have no idea
GREINKE HO!!!!!
by oc on Nov 23, 2008 6:27 PM CST up reply actions 0 recs
There's different types of law
And Adam’s profession doesn’t deal with injuries (unless one spouse beats down on the other) nor this type of law (don’t really know what to call it – maybe in this case, product liability law?).
Theres really nothing he can do. A simple “I have no idea” is an acceptable answer. Better than giving bad advice that could bring hiafex more problems
In Smoak We Trust
by Smoak Some on Nov 23, 2008 6:34 PM CST up reply actions 0 recs
The guy didn't know he was a divorce attorney, you dingbat.
GREINKE HO!!!!!
by oc on Nov 23, 2008 6:39 PM CST up reply actions 0 recs
This is rather good.
Thank you.
GREINKE HO!!!!!
by oc on Nov 23, 2008 6:58 PM CST up reply actions 0 recs
You're attacking Adam's "I have no idea" comment
Stating that you believe Adam should have given more information. In this case, Adam can’t. Neither Adam nor hiafex is at fault here.
In Smoak We Trust
by Smoak Some on Nov 23, 2008 6:44 PM CST up reply actions 0 recs
Yeah, he could have... he could have said... "Sorry, but I don't handle cases like this. I'm a divorce attorney."
If someone takes half an hour to write a fanpost about his case, I’d at least give them the courtesy of letting them know why I don’t have the slightest idea.
GREINKE HO!!!!!
by oc on Nov 23, 2008 6:50 PM CST up reply actions 0 recs
There are a number of lawyers...
in the LSB community. Adam gave his answer, which is “I don’t know.” Other people can certainly pipe in with their answers. Maybe Brett can weigh in with his expertise.
"I know you're a bit dense but no, it doesn't. Obviously lying isn't a problem for me."
by benmor78 on Nov 23, 2008 8:04 PM CST up reply actions 0 recs
Really?
“I have no idea” isn’t good enough? I have to explain why I don’t know?
by Adam J. Morris on Nov 23, 2008 8:14 PM CST up reply actions 0 recs
When I was about eight, I saw a constipated chihuahua chasing after it's own ass because his dook wouldn't come out.
This is how I feel right now.
GREINKE HO!!!!!
by oc on Nov 23, 2008 8:30 PM CST up reply actions 0 recs
Try prunes.
"I know you're a bit dense but no, it doesn't. Obviously lying isn't a problem for me."
by benmor78 on Nov 23, 2008 8:46 PM CST up reply actions 0 recs
I hear bran works, too.
"I know you're a bit dense but no, it doesn't. Obviously lying isn't a problem for me."
by benmor78 on Nov 23, 2008 8:54 PM CST up reply actions 0 recs
In law school
You study all types of law to determine which one you would like to do in your life. Adam might have studied a situtation like this at law school but since hes not an expert on it, he really doesn’t know how to procede in it. So a simple “I have no idea” is an acceptable answer. Hiafex had no problem with this answer, nor should anyone else
In Smoak We Trust
by Smoak Some on Nov 23, 2008 8:19 PM CST up reply actions 0 recs
You're wrong here, dude.
The 40 Trumps All!!!
There are two kinds of men in this world: Men who make jump throws, and men who wish that they were Derek Jeter so that they could make jump throws.
by thedirkatron on Nov 23, 2008 8:19 PM CST up reply actions 0 recs
There's no right or wrong.
I too didn’t know he was a divorce specialist until his brother said so.
I’m just saying if I had gone through the trouble of asking somebody for help, and all they did was shrug, I’d probably say… “Gee… thanks.”
GREINKE HO!!!!!
by oc on Nov 23, 2008 8:29 PM CST up reply actions 0 recs
All these requests for free legal advice
don’t deserve any more than a Call Jim Adler response.
Nolan Ryan is the Greatest Pitcher ever, because Google says so.
"BTW I’m officially welching ab03. Yeah I planned too all along, but I figured I’d try to get off the hook with double or nothing first."- Sharky
by DJCahill on Nov 23, 2008 10:01 PM CST up reply actions 0 recs
Time to switch strains ...
Bring up Matt West '09
by Chase Irwin on Nov 23, 2008 10:05 PM CST up reply actions 0 recs
A perfect thing to say when you arrive to a dogpile five hours late.
GREINKE HO!!!!!
by oc on Nov 23, 2008 10:50 PM CST up reply actions 0 recs
Hey
something that stupid deserves a dogpile.
Adam should have done more? Grief.
Bring up Matt West '09
by Chase Irwin on Nov 24, 2008 8:23 AM CST up reply actions 0 recs
When you come to the fight, make sure your ammo is fresh, brotha.
GREINKE HO!!!!!
by oc on Nov 24, 2008 8:29 PM CST up reply actions 0 recs
Good one
Those who would sacrifice liberty for safety deserve neither.
by Brian Thomas on Nov 25, 2008 1:50 PM CST up reply actions 0 recs
Hey Adam
Would you classify this case under a product liability? I have no idea what kind of lawyer to look up.
by hiafex on Nov 23, 2008 6:37 PM CST reply actions 0 recs
no, not products liability
this is not a manufacturing issue (unless you think it is)
you want general tort litigation
Also, it is really hard to prove damages beyond strict compensation. all that stuff about stress – unless because of stress your friend’s hair fell out or there was some other objective manifestation of stress, she’s generally not going to get anything.
you also allude to the risk of putting their lives in danger – well sure but in simple negligence, you only get damages for real damage. if you can prove recklessness (which is much harder) then you might get some of those other cushy damages.
I would think the way this goes down. your friend tells them what happened – they offer to fix the car for free, at the minimum. little more complicated to figure out if they get the towing charge but maybe you get that out of them by asking for all this stuff in a lawyer’s letter backed up my a mechanic’s statement.
if you are feeling really tortious and want blood – you would get a lawyer who would investigate the hell out of them, finding documents saying that they always over torque and they don’t give a rat’s ass what happnes as a result and you would get punitive damages and emotional damages. And you would pay a shit ton in lawyer’s fees without knowing whether it will pay off in the end.
(I’m only a law student, I am not giving legal advice, feel free to question and disagree with everything I am saying. This is my law exam answer – sort of )
""If they'd have told me you can make the team but you've got to shine the shoes, I'd have been there shining shoes." -Bradley
by ab03 on Nov 23, 2008 7:39 PM CST up reply actions 0 recs
If I remember correctly
The mechanic at the tire company thought that the actual lugnuts weren’t screwed on all of the way because they were the wrong type and they tried forcing them on. Or they over-torqued them. Even the tow truck driver said that he had seen it. He talked about the Midas in Little Rock and how they always hired lazy people and would use some kind of tool to tap the lugnuts or something that causes them to weaken. Of course he’s no expert on the subject.
I agree that it would be hard to prove up the stress. I don’t know what the standard is but can you imagine being stuck in a different state, in the middle of nowhere, at night, in freezing weather on the side of a highway without a way back home? I know you can’t quantify that but I’d like to see Midas try and say that situation isn’t stressful.
I don’t think that it would be that tough to prove up a reckless mens rea either. The Texas Penal Code defines it as consciously disregarding unjustifiable risk of prohibited risk or harm. If it can be proven that the lugnuts weren’t screwed on all of the way, it would be easy to consider that to be reckless, may even be able to prove up a knowing mens rea with that fact.
She doesn’t really want them to fix her car after what she went through. She doesn’t trust them anymore. If they choose not to pay back the towing fees, we will surely sue them because we only had to get the truck as a direct result of their inability to fix the car correctly.
Thanks for responding with such a detailed view. What law school are you attending? I was thinking about going to Law school but I haven’t made up my mind.
by hiafex on Nov 23, 2008 8:10 PM CST up reply actions 0 recs
the stress
what would you ask for? $1M? $10K? It’s not quantifiable. in most states, no physical manifestation of emotional stress is a complete bar to recovery.
i dont’ want to get into recklessness but it’s not the way you think it is.
honestly, a big company like midas probably has a standard deal that they offer everybody that comes to them with things like this, without a lawyer and with a lawyer. see what they give you and if it isnt’ a whole lot less than towing charge and fixing charge, I would just take it and be done with it.
just from the perspective of a person trying to strike a deal with someone: don’t ask for the moon, don’t act mean, act like you’re being reasonable, and just say that all you are looking for is the tow truck charge and the cost of repair because multiple people you talk to said that midas used the wrong screws and say you’d rather not deal with this court if you dont’ have to. lawyers suck.
""If they'd have told me you can make the team but you've got to shine the shoes, I'd have been there shining shoes." -Bradley
by ab03 on Nov 23, 2008 8:49 PM CST up reply actions 0 recs
I understand that the stress is not quantifiable
But if it’s not, then why is it even a crime to cause it? I found something about a Intentional Infliction of Emotional Distress tort claim on wikipedia. Of course it requires an Intentional or Reckless mens rea but the 4 elements are:
1) Defendant acted intentionally or recklessly; and
2) Defendant’s conduct was extreme and outrageous; and
3) Defendant’s act is the cause of such distress; and
4) Plaintiff suffers severe emotional distress as a result of defendant’s conduct.
I think number 2 would be hard to prove but I think it’s a little outrageous to let someone drive off of their property with the wrong lugnuts installed, knowing that person would be driving 400+ miles the next day.
Number 4 would also be difficult to prove as it would be tough tosay what is “severe emotional distress”. There is also another tort called Negligent Infliction of Emotional Distress which doesn’t seem to be expressed fully on wikipedia.
We’ll see if they agree to paying for the towing costs. If not, I can’t find a reason not to file a lawsuit against them.
by hiafex on Nov 23, 2008 9:19 PM CST up reply actions 0 recs
it's quantifiable
because people have so much stress that their hair does fall out. or they getting the shakes and they can’t work. or they start having some other physical manifestation of it like their MS flares up (and the injurer knew the person had MS).
IIED (even more so NIED) are really difficult to prove. and NIED isn’t even recognized in all jurisdictions (almost positive not recognized in TX).
And, like I said below, do you really think you should be paid a considerable amount of money for your “pain and anguish?” If you get paid $1000 on top of getting fully compensated, you’re coming away from that thinking “I’m sure glad they f’d up the tire, I can go to disney world.”
and, just a way to think about it – your towing costs are $500 (if that). Assuming they agree to pay for the repairs, how much are you really going to want to pay a lawyer to get that $500 (the answer is anything less than $500, obviously). So just think about that or maybe tell a lawyer that straight out when you are lawyer hunting. Maybe it is something that you can do on your own through small claims court if lawyers tell you that it’s not worth it to them
again, not a lawyer, not telling you what to do.
""If they'd have told me you can make the team but you've got to shine the shoes, I'd have been there shining shoes." -Bradley
by ab03 on Nov 23, 2008 10:50 PM CST up reply actions 0 recs
The point of the legal justice system is to make the defendant whole
And that normally comes through monetary means. I feel that I did go through quite a bit of stress considering I was stuck in a different state without a car. And what about my friend who doesn’t/will not have a car to drive for several days? Not even mentioning the fact that the accident could have killed us. It sounds like you’re just looking at the stress part of the situation and nothing else.
The towing was about 500 dollars as you guessed and I don’t plan on just letting that unneeded financial expense go. Even if it would cost 500 dollars for a lawyer, it wouldn’t matter to me as long as they had to pay some kind of extra penalty. Something should be done to stop these hazardous short-cuts that some automotive repair shops are using before someone does get injured from them.
by hiafex on Nov 23, 2008 11:00 PM CST up reply actions 0 recs
I think the small claims max...
is $10k. File a claim in small claims, try to handle it yourself. You might get a little extra for your troubles, but not much.
"I know you're a bit dense but no, it doesn't. Obviously lying isn't a problem for me."
by benmor78 on Nov 23, 2008 11:03 PM CST up reply actions 0 recs
did your friend really suffer? did she not have a car? she didn’t have insurance that covered a rental car?
and you, what the hell did you suffer. i’m sorry but you’re a freaking wuss if you can’t sit through a pseudo accident. it doesn’t matter if you could have been killed. you weren’t – be happy.
and, if you want some sort of punitive damage to prevent somethign like this from happening – fine. more power to you. completely irrational to spend more than it’s worth but fine. just saying that you still won’t get a big punitive payout for simple negligence, which is all you can really prove.
and really, you think it is common practice for them to put the wheel on incorrectly? why would that benefit them. if your friend’s wheel fell off after less than 500 miles, dont’ you think they’d have a shit ton of litigation on their hands? I really doubt this was anything but simple negligence.
making the defendant whole – good. forget you, think about your friend. besides the towing cost and cost to fix the car, think of some amount of money that you would want Midas to pay. And then think about whether you would rather have had the accident with the payout or nothing at all. If you would rather have had the accident, your payout is too much. When you finally settle on the payout, think about whether it is worth it.
just so we’re clear, you don’t deserve anything. without giving legal advice, i don;’t think any court would even consider giving you anything – unless you suddenly develop PTSD
again, not a lawyer.
""If they'd have told me you can make the team but you've got to shine the shoes, I'd have been there shining shoes." -Bradley
by ab03 on Nov 23, 2008 11:20 PM CST up reply actions 0 recs
to clarify
you wont’ get any punitive payout for simple negligence
""If they'd have told me you can make the team but you've got to shine the shoes, I'd have been there shining shoes." -Bradley
by ab03 on Nov 23, 2008 11:20 PM CST up reply actions 0 recs
i didn't mean the wuss comment the way it probably sounds
accidents can be traumatic and i can see how it might have put you out considerably. but the harm you suffered isn’t really the type of harm that the elgal system is interested in compensating (and it’s not all that foreseeable if you are going to claim some sort of job loss).
you are expected to be able to handle any stress or disturbance that doesn’t do some direct monetary or physical harm to you
I know this isnt’ what you want to hear and I bet you can find a lawyer that might be much more sympathetic to your cause, but from what I understand of the law, i think this is the expectation you should have.
""If they'd have told me you can make the team but you've got to shine the shoes, I'd have been there shining shoes." -Bradley
by ab03 on Nov 23, 2008 11:38 PM CST up reply actions 0 recs
All she has is liability coverage
So no, there was no insurance that covered a rental car.
All I’ve been saying is that the stress could have been prevented if Midas would have fulfilled their duty and fixed the car correctly. She paid them to fix the car… so they should have done it right. I’m not trying to win a huge claim, just enough to pay for all of the damages that include getting the car fixed, paying for the rental car, paying for the tow truck, paying for the uhaul/gas for the uhaul and the extra hotel room. If Midas is not willing to pay for all of that then I don’t understand why we should just let them off the hook by letting them fix the car.
Me and my friend went through the entire ordeal together. I set up everything in order to get us back in to town before Tuesday (we would have missed tests and classes). I paid for the U-haul all the way back here to Texas. I believe I’m as much of the defendant in this case as she is. I just want to be re-paid in full and I don’t know if Midas is willing to do that.
This entire post was about what would happen if they decided to only pay to repair the car. Should have mentioned this in the very beginning… Oh well.
by hiafex on Nov 24, 2008 1:10 AM CST up reply actions 0 recs
i should be more clear
technically you are entitled to cost of repair and tow truck.
u-haul, any loss from missing tests – not so much. those aren’t exactly foreseeable and it would just be a harder case to win (you have to prove that they knew exactly that if they messed up the car that there would be a u-haul involved, probably would have had to sign something to that effect)
but what you are entitled to and what you’ll get are two different things. I would just be happy with tow truck, cost of repair, and maybe rental car. especially since they could just say “not my fault” and end up costing you a ton of money in litigation costs (either through a lawyer or your time in writing up a complaint,etc in small claims court).
u-hauls are expensive though so i can see why you might try to fight it. just laying out all the pitfalls here. if you want to fight it you’ve got an uphill battle. as mad as you are, sometimes it’s just better to let these things go.
just do what i said (somewhere) and ask nicely, mention the possibility of a lawyer subtly, explain your hassle and everything that you went through, show your proof, and ask for something reasonable
last thing i’ll say as a non lawyer.
let us know how it turns out. i won’t be mad if you completely ignore me or embarassed if it all works out better your way. just how i would handle it.
""If they'd have told me you can make the team but you've got to shine the shoes, I'd have been there shining shoes." -Bradley
by ab03 on Nov 24, 2008 7:55 AM CST up reply actions 0 recs
Yeah
I understand. It just seemed like you were attacking me for trying to get them to pay for what their short-cut caused. I’m pretty sure they would be considered the proximate cause if we had missed the tests. But that doesn’t matter since I worked my butt off to find a way back here before Sunday (when everything would have been closed).
I don’t see how they could possibly say that it’s not their fault. They worked on that wheel the day before and then it just rolls off while traveling the next day. How could that be construed to show that it wasn’t their fault?
And my friend called me this morning and told me that they had started taking apart the pieces of the car that are damaged when she specifically told them, 2 times, that she did not want them working on it unless she was there. They said they would only take the wheel off to look at it but they’re dismantling the tie rod and stuff. She has a witness that heard this conversation. I don’t know what this will lead to but I’ll keep you posted.
by hiafex on Nov 24, 2008 10:57 AM CST up reply actions 0 recs
My money is on
manufacturing issue.
My guess is that if you look at those studs and do metallurgy on them, you will find they aren’t up to original factory specs and are either of different materials, or of different heat treat than the original and may have been made in China. China has a big problem knocking off parts and substituting cheaper materials and shortcutting processes. There have been quite a few “nuts and bolts” problems that trace back to China, and fastener traceability is getting to be more important in critical designs.
I think its more likely than installation issue.
Nolan Ryan is the Greatest Pitcher ever, because Google says so.
"BTW I’m officially welching ab03. Yeah I planned too all along, but I figured I’d try to get off the hook with double or nothing first."- Sharky
by DJCahill on Nov 24, 2008 7:31 AM CST up reply actions 0 recs
well if that is the case
good freaking luck.
i mean if midas says manufacturing issue, then you really are screwed (as in the litigation will probably take a really really long time)
""If they'd have told me you can make the team but you've got to shine the shoes, I'd have been there shining shoes." -Bradley
by ab03 on Nov 24, 2008 7:45 AM CST up reply actions 0 recs
Yeah, I have no idea
what liability Midas has for not using original parts.
Let me say though, replacing studs on hubs and lugnuts for any reasons other than visible damage like stripped threads strikes me as a bad idea.
Nolan Ryan is the Greatest Pitcher ever, because Google says so.
"BTW I’m officially welching ab03. Yeah I planned too all along, but I figured I’d try to get off the hook with double or nothing first."- Sharky
by DJCahill on Nov 24, 2008 8:01 AM CST up reply actions 0 recs
That's not the point
And she changed them, I think, because she was advised to change them. Why would anyone get them changed just for the fun of it? Especially when she’s a poor college student. We don’t waste our money like that.
I don’t know how they could say manufacturing issue since we’ve been told several times that it probably had something to do with the way in which Midas screwed the lugnuts on or used the wrong type. Why would a 3rd party just come up with a story about wrong lug-nuts? Nobody has mentioned the possibility that it was a manufacturing issue.
by hiafex on Nov 24, 2008 11:04 AM CST up reply actions 0 recs
Is the third party
who is saying its Midas screwing up the installation as reliable as the person who advised her to change them?
Nolan Ryan is the Greatest Pitcher ever, because Google says so.
"BTW I’m officially welching ab03. Yeah I planned too all along, but I figured I’d try to get off the hook with double or nothing first."- Sharky
by DJCahill on Nov 24, 2008 11:47 AM CST up reply actions 0 recs
I don't know
I have no idea who advised her to change them, probably Midas. The mechanics in Arkansas shouldn’t have a reason to lie to us about what they think made the studs break. What would they have to gain by lying about it?
by hiafex on Nov 24, 2008 12:21 PM CST up reply actions 0 recs
It doesn't have to be a lie
They could just be wrong.
"Colt mccoy sucks, mack brown needs to be fired." - Longhorn
by DaheelzCM on Nov 24, 2008 12:52 PM CST up reply actions 0 recs
The ad accompanying this fanpost...

I feel like we’re hiafex just being taunted now.
by ghostofErikThompson on Nov 23, 2008 7:44 PM CST reply actions 0 recs
Check here.
For a meager start…
Can’t one of you lawyers fire up LexisNexis and search through the Midas case history?
"...my balls are really like a veiny flesh color" blueballlefty on Jun 4, 2008 7:44 PM EDT
"you gonna lose your horse. seriously." FX2
Yes we can! November 04, 2008
by Rodney on Nov 23, 2008 8:14 PM CST up reply actions 0 recs
Thanks
I tried looking for some similar cases but I had no idea what to type in the search bar. I’ll also take a look on LexisNexis as well to see if I can find anything.
by hiafex on Nov 23, 2008 8:21 PM CST up reply actions 0 recs
YW.
Perhaps someday I should put my law curiosity and 1/2 price tuition to SMU to good use…yeah, I suck
"...my balls are really like a veiny flesh color" blueballlefty on Jun 4, 2008 7:44 PM EDT
"you gonna lose your horse. seriously." FX2
Yes we can! November 04, 2008
by Rodney on Nov 23, 2008 8:51 PM CST up reply actions 0 recs
Why
1/2 price?
I'm undefeated in fights. Have I been in any? No. Thats because people know my f'ing status. Don't mess with the elite. - Miles
by Dirk Diggler on Nov 23, 2008 8:54 PM CST up reply actions 0 recs
Fraternity.
They asked me to join…I guess it’s kind of a big deal. I was a 4.0 student for 60+ hours at a local DFW college.
I really hope that doesn’t sound pretentious, ‘cause that ain’t me.
"...my balls are really like a veiny flesh color" blueballlefty on Jun 4, 2008 7:44 PM EDT
"you gonna lose your horse. seriously." FX2
Yes we can! November 04, 2008
by Rodney on Nov 23, 2008 9:10 PM CST up reply actions 0 recs
Man
all you gotta do to get 1/2 price tuition is join a frat? Not bad…
I'm undefeated in fights. Have I been in any? No. Thats because people know my f'ing status. Don't mess with the elite. - Miles
by Dirk Diggler on Nov 23, 2008 9:29 PM CST up reply actions 0 recs
Couldn't really find anything on LexisNexis
Just one case about a misrepresented warranty on brake pads and that was about it.
by hiafex on Nov 23, 2008 9:09 PM CST up reply actions 0 recs
the reason for that
there is no published decision in lower court cases (usually). and the law of this nature isn’t so complicated that it would be appealed to a higher court.
""If they'd have told me you can make the team but you've got to shine the shoes, I'd have been there shining shoes." -Bradley
by ab03 on Nov 23, 2008 11:43 PM CST up reply actions 0 recs
This makes me laugh.
"My mother always taught me that if the only thing you have to say is,
‘(Expletive) Dave Samson,’ then don’t say anything at all.
So I’m not going to say anything at all.
Is my mother the greatest or what?"
- Mariners GM Bill Bavasi, after signing Ichiro to a $90 million contract
by tyd3311 on Nov 23, 2008 7:52 PM CST up reply actions 0 recs
i have to ask...
what were you driving?????
i have NEVER worried that i would lose a wheel on any of my cars for the last 21 years of (legal) driving.
am i just lucky???
by sam in so cal on Nov 23, 2008 9:15 PM CST reply actions 0 recs
It wasn't the car that caused it
It was the negligence of the company that “fixed” the car to make it “safe” for a long trip. It was a 1994 Mitsubishi Gallant.
by hiafex on Nov 23, 2008 9:21 PM CST up reply actions 0 recs
what?
if it wasn’t the car, then why did she have the studs/lugnuts fixed? they were perfectly fine, but she wanted to have them changed out of boredom? there must have been some existing condition that warranted 1. having them looked at and 2. having them changed.
i’m unfamiliar with this whole process. is this something you do once every 200,000 miles?
not answering from a legal perspective, but i think some of the burden goes to the driver of a 15 year old car with 150,000 – 270,000 miles on it with bad lugnuts/studs. beyond that (from a legal perspective) i would read the terms of the warranty and proceed accordingly. the work was warrantied, right?
by sam in so cal on Nov 24, 2008 4:50 PM CST up reply actions 0 recs
There are only 115,000 miles on the car
I still don’t know why she had them changed but she did. So I’ve got nothing for ya. I don’t see how you could remotely put any of the burden on her if she was just trying to make the car safe for a long trip.
by hiafex on Nov 24, 2008 6:53 PM CST up reply actions 0 recs
Get a Lawyer
Settle out of court. They’ll do it just to avoid you going on websites talking about. You will not get a lot of money. Repairs, tow bill, and a little extra would be all I’d expect.
I deal with Midas quite a bit, but not as a customer. It’s worth noting that some of their stores are independently owned and some are corporate.
I hope you got photos of everything that happened and still have the studs.
I think it’s more likely for the studs to shear if they didn’t torque the lug nuts down. With the wheels spinning, they eventually loosen and the wheel will vibrate like all hell. This is the third time I’ve heard of this happening…in the other two cases the lug nuts were loose. I’m not an expert but I don’t think that a regular impact wrench could torque the lug nuts so tight that it would cause the studs to fail. If the studs failed because of tight lug nuts then I would imagine there was a defect in the steel, but who knows. Either way, your goddam wheel should not fall off while going down the highway. They’re the last people who dealt with it and should be held accountable to some degree, I would think.
Anyway, I’m a very litigious person and if this were to happen to me I wouldn’t get a lawyer straight away. Go back, and if you find out that the shop is independent, speak to the owner. If it’s corporate, get in touch with their legal department but be very tight lipped and careful about what you say. If it were me I’d start out by asking for the cost of the actual repairs and towing, plus $1,000. It can’t hurt. See what they counter with and go from there.
I am obviously not a lawyer, blah blah blah.
Good luck to you.
by Black Francis on Nov 23, 2008 9:38 PM CST reply actions 0 recs
i wouldn't even ask for the $1000
just ask for something that they’ll give you. and seriously, why would he deserve the $1000? cause of the stress? hell, i wouldn’t mind getting paid $1000 for stress.
""If they'd have told me you can make the team but you've got to shine the shoes, I'd have been there shining shoes." -Bradley
by ab03 on Nov 23, 2008 10:37 PM CST up reply actions 0 recs
deserving and asking
That’s two totally different things. That’s why I said “see what they counter with and go from there”.
by Black Francis on Nov 24, 2008 11:46 PM CST up reply actions 0 recs
Sounds like a lot people stayed at a Holiday Inn last night.
"My mother always taught me that if the only thing you have to say is,
‘(Expletive) Dave Samson,’ then don’t say anything at all.
So I’m not going to say anything at all.
Is my mother the greatest or what?"
- Mariners GM Bill Bavasi, after signing Ichiro to a $90 million contract
by tyd3311 on Nov 23, 2008 9:48 PM CST reply actions 0 recs
Call Jim Adler
The Texas Hammer.
Nolan Ryan is the Greatest Pitcher ever, because Google says so.
"BTW I’m officially welching ab03. Yeah I planned too all along, but I figured I’d try to get off the hook with double or nothing first."- Sharky
by DJCahill on Nov 23, 2008 10:03 PM CST reply actions 0 recs
x
http://www.youtube.com/watch?v=K3IhBf1rWx8&feature=related
I'm undefeated in fights. Have I been in any? No. Thats because people know my f'ing status. Don't mess with the elite. - Miles
by Dirk Diggler on Nov 23, 2008 10:10 PM CST up reply actions 0 recs
This man just screams victory

You Call! He’ll Hammer!
In Smoak We Trust
by Smoak Some on Nov 23, 2008 10:16 PM CST up reply actions 0 recs
I remember seeing old commercials for Loncar and Russell
and then all of a sudden, Loncar was on his own. I always wondered about Russell. Was there a falling out? Did Loncar just get too big?
""If they'd have told me you can make the team but you've got to shine the shoes, I'd have been there shining shoes." -Bradley
by ab03 on Nov 23, 2008 10:50 PM CST up reply actions 0 recs
Jim Adler
would Hammer Brian Loncar.
Nolan Ryan is the Greatest Pitcher ever, because Google says so.
"BTW I’m officially welching ab03. Yeah I planned too all along, but I figured I’d try to get off the hook with double or nothing first."- Sharky
by DJCahill on Nov 24, 2008 6:25 AM CST up reply actions 0 recs
Brian Loncar
Was in a real serious car accident a few months ago. I just remember his Bentley got hit by a firetruck and he was in the hospital for a while.
Last I heard, he was going to be alright. Therefore, the jokes write themselves….
I had a paper route when I was a kid. I was supposed to go to 2,000 houses. Or two dumpsters.
by TheBZA on Nov 24, 2008 8:25 AM CST up reply actions 0 recs
Yeah, his freakin'
2008 Bentley.
"...my balls are really like a veiny flesh color" blueballlefty on Jun 4, 2008 7:44 PM EDT
"you gonna lose your horse. seriously." FX2
Yes we can! November 04, 2008
by Rodney on Nov 24, 2008 8:38 AM CST up reply actions 0 recs
Jeebus. I don't even wanna know how much one of those mutha effers costs.
The 40 Trumps All!!!
There are two kinds of men in this world: Men who make jump throws, and men who wish that they were Derek Jeter so that they could make jump throws.
by thedirkatron on Nov 24, 2008 8:52 AM CST up reply actions 0 recs
$300,000+
Depending on the model.
"Colt mccoy sucks, mack brown needs to be fired." - Longhorn
by DaheelzCM on Nov 24, 2008 9:02 AM CST up reply actions 0 recs
I don't care how rich I ever get in my life.
I would never ever pay that much money for an effing car.
I mean… it’s a car.
Good lord.
Buy a Camry and give the money to charity.
The 40 Trumps All!!!
There are two kinds of men in this world: Men who make jump throws, and men who wish that they were Derek Jeter so that they could make jump throws.
by thedirkatron on Nov 24, 2008 9:46 AM CST up reply actions 0 recs
I would buy a Hyundai Genesis,
and use the rest of the cash for jump-throw lessons.
"...my balls are really like a veiny flesh color" blueballlefty on Jun 4, 2008 7:44 PM EDT
"you gonna lose your horse. seriously." FX2
Yes we can! November 04, 2008
by Rodney on Nov 24, 2008 9:58 AM CST up reply actions 0 recs
lol
I wonder how much Derek Jeter would charge for one two-hour session of jump throw lessons.
Somebody get me his agent’s number, I’ll call posing as a rich guy and ask about setting up some lessons for my rich son.
The 40 Trumps All!!!
There are two kinds of men in this world: Men who make jump throws, and men who wish that they were Derek Jeter so that they could make jump throws.
by thedirkatron on Nov 24, 2008 10:40 AM CST up reply actions 0 recs
Jeter's Phone number:
NY area code 368-2439
P.S.This one requires a bit of thought
By 2028, Mark Teixeira will be in the HOF.
-The Outlaw
by Gdawg on Nov 24, 2008 11:29 AM CST up reply actions 0 recs
not me...
i would buy a 1994 mitsubishi gallant with 180,000 miles and just see what happens…
by sam in so cal on Nov 24, 2008 4:41 PM CST up reply actions 0 recs
Does RA Gabriel still do commercials in DFW?
The lawyer that sends flowers.
God those commercials were lame…
Those who would sacrifice liberty for safety deserve neither.
by Brian Thomas on Nov 24, 2008 10:38 AM CST up reply actions 0 recs
Wow, I had forgotten about those.
I tried to find one on youtube but no dice.
The 40 Trumps All!!!
There are two kinds of men in this world: Men who make jump throws, and men who wish that they were Derek Jeter so that they could make jump throws.
by thedirkatron on Nov 24, 2008 10:42 AM CST up reply actions 0 recs
Torts 101 says
Your predicament is the basis of several hypos I’ve used to study for my final.
by brettgardner on Nov 24, 2008 7:14 AM CST reply actions 0 recs
I
Can’t give you any advice. I’m just a law student. Consulting a lawyer is the only thing I can suggest.
by brettgardner on Nov 24, 2008 11:20 AM CST up reply actions 0 recs
Sounds like someone......
saw $$$$$$$$$$$ when the wheels came off.
by bdavison94 on Nov 24, 2008 10:24 AM CST reply actions 0 recs
It's easy to say when you didn't go through this predicament
It was easy to see the correlation between the company who fixed the exact parts that failed (and assured her that it would be safe) and the wheel falling off. What would you do in my situation? Just let Midas off with fixing the car and that’s it?
by hiafex on Nov 24, 2008 11:08 AM CST up reply actions 0 recs
unproductive advice warning
You can throw a brick through Midas’ window. I hear Hicks has a few extra bricks lying around.
By 2028, Mark Teixeira will be in the HOF.
-The Outlaw
by Gdawg on Nov 24, 2008 11:31 AM CST up reply actions 0 recs
Can't comment
On the legal responsibility involved. But I have a question. Who suggested replacing the studs and lugnuts? There are times when a store manager (Midas?) or employee (untrained muffler mechanic) will suggest parts replacement (commonly correct but often unnecessary) to a naive (young woman) customer, in order to make the job worth the time (labor cost). I have had a wheel come off (of a 7 year old car that checked out OK in terms of wheel balance, braking, etc). As mentioned above, aftermarket parts are about the #1 point of failure when high stress and wear items fail and they aren’t old. Did you examine the studs to be sure they were “new”, and would base wear indicate they were properly installed in the wheel proper? You’ve clearly described what happened, but very little info on why. And why is the crix of any possible liability.
"He uses statistics as a drunken man uses lamp-posts... for support rather than illumination." - Andrew Lang (1844-1912)
by Ed Coffin on Nov 24, 2008 5:03 PM CST reply actions 0 recs
They looked new
And that’s all of the information I could give you since I’m not a chemist or an expert in the field.
by hiafex on Nov 24, 2008 6:55 PM CST up reply actions 0 recs
So
Midas is going to reimburse us for everything (or so they say) and they’ve already fixed the car even though she wanted to get it fixed elsewhere. I guess that’s the end of the saga. Thanks to everyone who took time to read and comment.
by hiafex on Nov 24, 2008 6:57 PM CST reply actions 0 recs
Good news there.
"...my balls are really like a veiny flesh color" blueballlefty on Jun 4, 2008 7:44 PM EDT
"you gonna lose your horse. seriously." FX2
Yes we can! November 04, 2008
by Rodney on Nov 25, 2008 8:36 AM CST up reply actions 0 recs
I would have drawn as much blood as possible
…but that’s just the type of person I am.
Removing my own tendencies from the situation I still would have liked it if they would have given her at least a little something for all the trouble they put her through. A gift card or whatever for a brake job might have been appropriate.
by Black Francis on Nov 26, 2008 3:14 PM CST up reply actions 0 recs

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