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I own a truck. Last week my husband was driving it to CT with a load of potatoes and stopped at Dysart's in Bangor, ME to get the oil changed. On the way home from CT he noticed that oil was spraying all over the side of the truck and trailer. He had to put some oil in it to get it back to Bangor. When he arrived back at Dysart's they told him to take the truck to Freightliner to have the motor looked at. The next day they changed their story a bit and didn't want to pay for Freightliner to check the truck over, but after my husband went down to see them in person they authorized Freightliner to change the rods and bearings. However, this didn't correct the engine problem caused by the loss of oil. They are now saying they are not responsible to pay for a motor job, which is about $12,000. Do I have any recourse? I am losing around $3,000 a week in down time. I don't have the money to pay for a motor job. Also, there may be a problem with a faulty filter. Susan Hardy
State/Country relating to Question: Maine Already Tried: Husband has tried talking with the owner of Dysart's.
Unless your husband signed some waivers issued by Dysart, you should be able to assert a claim for negligence and breach of agreement. From the information provided, they agreed to authorize the changes of the rod and bearings, since they were the cause of the faulty oil change, their negligence would make them responsible for these charges as well for the damages to the engine. Since they are unwilling to compensate you, your recourse is to sue them in the state and county where the damages arose. It is recommended that you get an independent mechanic report as your expert that their negligence with the oil change caused these additional damages in order to show that responsibility lies with them.
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Will I be able to be compensated for lost income? What if the oil leak was due to a faulty oil filter? Dysart's mechanic cut the filter to examine it, which I believe voided the filter warranty. Do I need to contact the filter company? Is the filter maker any way responsible or just Dysart's because they installed it?
1) Lost wages are generally not recovered in these types of lawsuits.2) It would by Dysart's burden to prove the leak was due to the faulty filter and not their negligence. If they can prove this, they would have a defense to place liability on the company.3) Not sure why calling the filter company would help. You first need to determine if the filter was faulty before the oil was changed, this should be done by an independent party, since we can assume the filter company would try to place blame on Dysart and Dysart will place blame on the filter. An independent expert with nothing to gain or lose would be able to provide a neutral opinion as to the quality of the filter.4) Liability would depend on finding out if the filter was not defective before the oil was changed. If the filter was not defective then we can argue that Dysart's handling of the oil filter was negligent.
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