https://www.msn.com/en-us/autos/news...cid=spartandhp

 

Wow is right. Absurd ruling, and to think we pay these judges with our tax dollars.

 

I am not an attorney but I think that it really comes down to the legal definition of perform. The tires were rotated. The job was poorly performed but performed nonetheless . There was no deception. The intent of law to further punish dishonesty not negligence which in fact was awarded.

They are really differentiating saying they did something when in fact it was not done.

 

Another sign of the glorious, idiotic times we live in, when almost nobody is held accountable for their carelessness.

In 1992, I was driving my 3-week old, Acura Legend sedan (a great car!) southbound on the 405 freeway through Long Beach. It was around 2pm, so traffic was moderate and I was in the number one lane, doing 70mph or so. I was actually talking to my secretary, through the car phone, using the hands-free speaker. Then, as I gazed at the road ahead, I saw it: A wheel & tire was loose on the opposite side of the freeway, traveling at a high rate of speed and bouncing high into the air. I saw it bound over the center divider and could see it was going to hit me. This all happened in a second or two and I’m not exactly sure just what I did, but I do know that there was no place for me to swerve to, so I hit the brakes and leaned down, over the center console, putting my head below the level of the dash, because the wheel was headed right for my windshield. It hit the driver’s side, right at the windshield header, and glass exploded into the cabin and my car stopped. I was scared to death that I was going to be hit by another car, but thank God I wasn’t. My car was still in the number one lane and I got out and made it to the center median. I was covered in glass particles and quite shaken up. Other drivers stopped to help, but I was OK, only in real need of a tow truck and a CHP officer, both of which arrived shortly.

As I waited for the tow truck, I spotted a new Suburban on the right shoulder of the opposite side of the freeway, leaning at an odd angle, as it was missing it’s left, rear wheel. As it turns out, it had been driven from nearby Cormier Chevrolet, to a custom wheel shop in Long Beach, where custom wheels and bigger tires were installed. The shop had failed to tighten the lug nuts. My car was totaled and I got a new one, exactly the same. I had to get a lawyer and ended up with my new car and a small settlement, because I had not been hurt. I’ll try to find a photo, but most folks who saw the car afterwards thought for sure that the driver had been killed. It was definitely the worst accident I have ever been involved in. Thankfully, it wasn’t a wheel from a big rig.

Finally, about a month ago, I was driving the 405, in the very same spot, and the same thing had occurred, minutes before I arrived at the spot. This time, the woman driving her BMW SUV was killed and there was a blanket covering the smashed windshield and the driver’s door glass.

So, do we all need to be carrying torque wrenches in our trunks now, so we can personally check to see if our lug nuts are properly tightened after a service? Maybe so.

 

Anybody involved in a lawsuit knows the aggravation of the use of so called hired expert witnesses. We think that judges, attorneys and these witnesses know what they are actually talking about and the reality is they cant know every facet of everything involved in the lawsuits they cover. This is where the problem lies as they make decision based on their education which has nothing to do with the case. See in this case they used their only input which is to define the actual word vs defining the actual act of rotating tires.

To think there was a time where people would simply say we f'd up and take responsibility for it.