Samuel Anaya and Doris Myricks. Back in 2013 the couple took their car to a dealership in Grand Rapids for basic maintenance which included a tire rotation. On the way home, the left front wheel came off because, of course, the mechanic failed to tighten the lug nuts. The Myricks’ proceeded to sue the dealership for negligence.
Their attorney for the trial brought in the Motor Vehicle Service and Repair Act (MVSRA) which is a 1974 law that protects car owners against “unfair and deceptive practices” by mechanics in addition to negligence charges. When used, a defendant that violates the MVSRA must pay damages along with the plaintiff’s legal and court fees.
The dealership was on the hook for $110,000 that the jury awarded the plaintiffs.
So they took it to the appeals court, where the judges ruled that a tire rotation does not include tightening the lug nuts.
The only requirement is “remov[ing] the tires and replace them on different axles or sides of the vehicle.” It does not involve using a torque wrench to tighten the lug nuts.
Basically, going forward, Michigan residents have two options. Either appeal the case and hope it heads to the State Supreme Court. Or, have the the Motor Vehicle Service and Repair Act clarified to include such the lug nuts getting tightened, torqued, and tested
https://www.powernationtv.com/post/michigan-court-rules-tire-rotation-does-not-include-tightening-lug-nuts
Their attorney for the trial brought in the Motor Vehicle Service and Repair Act (MVSRA) which is a 1974 law that protects car owners against “unfair and deceptive practices” by mechanics in addition to negligence charges. When used, a defendant that violates the MVSRA must pay damages along with the plaintiff’s legal and court fees.
The dealership was on the hook for $110,000 that the jury awarded the plaintiffs.
So they took it to the appeals court, where the judges ruled that a tire rotation does not include tightening the lug nuts.
The only requirement is “remov[ing] the tires and replace them on different axles or sides of the vehicle.” It does not involve using a torque wrench to tighten the lug nuts.
Basically, going forward, Michigan residents have two options. Either appeal the case and hope it heads to the State Supreme Court. Or, have the the Motor Vehicle Service and Repair Act clarified to include such the lug nuts getting tightened, torqued, and tested
https://www.powernationtv.com/post/michigan-court-rules-tire-rotation-does-not-include-tightening-lug-nuts
Sheesh, I hope this judge/court doesn't make decisions for malpractice suits."The surgeon was only obligated to place the donor kidney in the patients abdomen, not connect it to the renal system.'
ReplyDeleteYou have got to be kidding me! I had the same thing happen to me here in Ohio, the back passenger wheel fell off after my ex picked it up. The rims were aluminum so all the lug holes were shot. The dealer towed the car back and bought a replacement rim apologized and told me he fired the guy who screwed up. I was happy with that. The ex didn't wreck so there was no damage to the car, just the rim.
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