Fixed Ops Journal - June 2020 - F17

FIXED OPS JOURNAL

LEGAL LANE
Service customer denied award
The Texas Court of Appeals has refused to
reinstate a $25,236 jury verdict in favor of a
service customer whose 2006 Chevrolet Equinox was hit by another vehicle backing out of
a service bay.
The three-judge panel unanimously found
that Millicent Edwards failed to provide evidence that Lynn Smith Chevrolet, in the suburban Fort Worth city of Burleson, was responsible for her injuries from the January
2014 collision.
According to the April opinion, Edwards
was at the dealership for an oil change. "As she
left, she noticed that the oil light was still on so
she flagged down an employee. While they
were talking, another car backed out of the
service bay and hit her car."
A jury found in favor of Edwards, but the trial judge overturned the award. The Court of
Appeals also sided with the dealership, saying, "There is no evidence that a Lynn Smith
employee ... was driving the car that struck

Edwards's." In fact, it continued, Edwards testified that she didn't see a dealership employee driving the other car and didn't believe an
employee deliberately struck her Equinox.

Only first fix is covered
A Fiat Chrysler Automobiles dealership in
British Columbia must pay a customer 346
Canadian dollars ($248.63) under its "Drive
Home Happy Guarantee" because a technician failed to replace the plastic engine cover
on his 2014 Dodge Ram, the British Columbia
Civil Resolution Tribunal ruled. However, the
tribunal said Abbotsford Chrysler-DodgeJeep-Ram doesn't have to pay the balance of
Jessie Chima's CA$1,746 ($1,254.65) claim.
Under the guarantee, customers who find
their repair incomplete can have the store
pick up the vehicle to finish the repairs. Customers also can use a loaner, have the vehicle
cleaned and get a free oil change. The tribunal
valued those services at CA$346 ($248.63).
The May decision said Chima had the Ram

towed in November 2017 after it lost power
and the throttle light came on. The store,
about an hour southeast of Vancouver, made
the repairs. But a week later, the owner noticed the missing engine cover, which the
store admitted it forgot to reinstall.
Two weeks later, the Ram had a problem
with oil in the coolant reservoir. The owner refused to replace the oil cooler. The store did
install the replacement engine cover and
cleaned the coolant reservoir.
His complaint alleged negligent repair of
the first issue caused the oil cooler problem.
The tribunal found the problems unrelated
and said no evidence of negligence was presented.
It awarded Chima the guarantee benefits for
only the first visit. By refusing to replace the
engine cooler, he "did not permit a sufficient
scope of work to fully address the problem," it
said.
- Eric Freedman,
foj@autonews.com

WHEN THE COURSE CHANGES

...SHIFT GEARS

Proud to stand by our dealers during this time by offering the Dealership Assistance Program,
a collection of tools and resources helpful to adapting to the new business environment. Stay safe.

DEALER MANAGEMENT SYSTEM

Sales@QuorumDMS.com

877.770.0036 x267

www.QuorumDMS.com

JUNE 2020

PAGE 17


http://www.QuorumDMS.com

Fixed Ops Journal - June 2020

Table of Contents for the Digital Edition of Fixed Ops Journal - June 2020

Contents
Fixed Ops Journal - June 2020 - F1
Fixed Ops Journal - June 2020 - F2
Fixed Ops Journal - June 2020 - Contents
Fixed Ops Journal - June 2020 - F4
Fixed Ops Journal - June 2020 - F5
Fixed Ops Journal - June 2020 - F6
Fixed Ops Journal - June 2020 - F7
Fixed Ops Journal - June 2020 - F8
Fixed Ops Journal - June 2020 - F9
Fixed Ops Journal - June 2020 - F10
Fixed Ops Journal - June 2020 - F11
Fixed Ops Journal - June 2020 - F12
Fixed Ops Journal - June 2020 - F13
Fixed Ops Journal - June 2020 - F14
Fixed Ops Journal - June 2020 - F15
Fixed Ops Journal - June 2020 - F16
Fixed Ops Journal - June 2020 - F17
Fixed Ops Journal - June 2020 - F18
Fixed Ops Journal - June 2020 - F19
Fixed Ops Journal - June 2020 - F20
Fixed Ops Journal - June 2020 - F21
Fixed Ops Journal - June 2020 - F22
Fixed Ops Journal - June 2020 - F23
Fixed Ops Journal - June 2020 - F24
https://www.nxtbook.com/nxtbooks/crain/fixedops_202010
https://www.nxtbook.com/nxtbooks/crain/fixedops_202008
https://www.nxtbook.com/nxtbooks/crain/fixedops_202006
https://www.nxtbook.com/nxtbooks/crain/fixedops_202004
https://www.nxtbook.com/nxtbooks/crain/fixedops_202002
https://www.nxtbook.com/nxtbooks/crain/fixedops_201912
https://www.nxtbook.com/nxtbooks/crain/fixedops_201910
https://www.nxtbook.com/nxtbooks/crain/fixedops_201908
https://www.nxtbook.com/nxtbooks/crain/fixedops_201906
https://www.nxtbook.com/nxtbooks/crain/fixedops_201904
https://www.nxtbook.com/nxtbooks/crain/fixedops_201902
https://www.nxtbook.com/nxtbooks/crain/fixedops_201812
https://www.nxtbook.com/nxtbooks/crain/fixedops_201810
https://www.nxtbook.com/nxtbooks/crain/fixedops_201808
https://www.nxtbook.com/nxtbooks/crain/fixedops_201806
https://www.nxtbook.com/nxtbooks/crain/fixedops_201804
https://www.nxtbook.com/nxtbooks/crain/fixedops_201802
https://www.nxtbook.com/nxtbooks/crain/fixedops_201712
https://www.nxtbook.com/nxtbooks/crain/fixedops_201709
https://www.nxtbook.com/nxtbooks/crain/fixedops_201706
https://www.nxtbook.com/nxtbooks/crain/fixedops_201704
https://www.nxtbook.com/nxtbooks/crain/fixedops_201702
https://www.nxtbook.com/nxtbooks/crain/fixedops_201611
https://www.nxtbook.com/nxtbooks/crain/fixedops_201608
https://www.nxtbook.com/nxtbooks/crain/fixedops_201605
https://www.nxtbook.com/nxtbooks/crain/fixedops_201602
https://www.nxtbook.com/nxtbooks/crain/fixedops_201708
https://www.nxtbookmedia.com