Does Tire Rotation Include Tightening Lug Nuts?

[OLDBAYCRAB]

OMG... tell me this is joke. Makes DIY more important than ever before.

https://jalopnik.com/does-tire-rota...tter&utm_medium=email&utm_campaign=2019-10-23

 

[HWDan]

As shocking as this article makes it out to be, It sounds like the prosecutors messed up and used the wrong argument under the repair and service act.

That basically covers fraud where service was charged but not performed so that argument was a stretch for them to use. These knuckleheads did the work, just forgot to tighten the lugs which is really falls under negligence.

 

[Magnified]

Yeah, this is pretty weird. Want to know what's up? It's about protecting businesses. Same kind of silliness happened years ago with tort reform in Texas. Makes me chuckle all the time when people get nailed to floor by this kind of shit and then whine "but but but, that was only supposed to apply to frivolous lawsuits or to bad people, not to me!" Everyone else is bad until its you. In this case, two republican judges and one democratic judge read the law as literally as they could to prevent setting the precedent that would mean any negligent repair AUTOMATICALLY (more or less) meant it also violated the statute allowing automatic payment of the prevailing customers attorney fees. Can't have that now, because it would mean lots of litigation because if a shitty mechanic fucked up your car you could make them (or the holy of holies, their insurance companies (gasp)) pay for the winning plaintiffs fees. We don't want that because it might actually level the playing field a little. If it's a bad wreck, like now, under the system as it exists, the shop can just wear the people down over time by dragging it out. The purpose of this law and interpretation is not to protect people, but to prevent you from being able to win compensation for damages done to you by shitty businesses. I, for one, oppose this. Stringently. I understand where the judges are coming from (using the dictionary for interpretation) and the letter vs. the spirit of the law. At this point, essentially unless the supreme court of michigan takes the case, or the legislature fixes the statute, you're screwed in Michigan if you have an incompetent or even just forgetful mechanic.

 

[Magnified]

As shocking as this article makes it out to be, It sounds like the prosecutors messed up and used the wrong argument under the repair and service act.

That basically covers fraud where service was charged but not performed so that argument was a stretch for them to use. These knuckleheads did the work, just forgot to tighten the lugs which is really falls under negligence.

There is no prosecutor in this case. This is two car owners and their attorney suing the dealership (and their attorney) over the wreck caused by the untightened lug nuts. Prosecutors are government attorneys who handle prosecutions in criminal cases. This is civil. The plaintiffs alleged things under two laws. One, that the dealership was negligent (which allows for payment of damages only). Dealership after stalling for years, admitted negligence (it was only $40,000, while the plaintiff had also racked up 70K in attorneys fees over the years). Another law, MVSRA, supposed to protect the injured parties and promote shops not f-ing around allows the award of attorneys fees if the shop charged for work that was not done (among other things) as additional punishment for the shop. Under this cause of action, the plaintiffs won at trial and were awarded the $70,000 in fees and costs. So, they were awarded 110,000 (probably plus interest, etc...). The appellate court upheld the 40K negligence award, but said the 70,000 award under the MVSRA was wrong, and tossed it out, because the shop substantially performed the work.... even if it was negligent, they didn't say they did it when they didnt. So, as I said above, I see where they're doing all they can to protect the businesses, but as is often the case, the contortions they have to do to to do it make it obvious they're stretching to find a way to rule in the way they want to rule. Now, admittedly, maybe it was bad drafting by the legislature, but I don't know enough about the particulars of the the bills legislative history to opine on it. IF that is the result the legistlature wants, they won't change it at all (and people should remember that shit at voting time - but will they? Hell no, just tell me what I want to hear, rah rah rah....). We're the ones who have the vote, folks and we get the government we deserve. But of course, it's always "those" people who vote for those other legislators, not mine who is fighting for truth justice and the american way...

now, if the MVSRA said or allowed for recovery if the work was not done, or not done CORRECTLY, they'd be golden (the plaintiffs). Or so that's the reasoning.

 

[Blkout]

Wow.

 

[Hunter]

There is no prosecutor in this case. This is two car owners and their attorney suing the dealership (and their attorney) over the wreck caused by the untightened lug nuts. Prosecutors are government attorneys who handle prosecutions in criminal cases. This is civil. The plaintiffs alleged things under two laws. One, that the dealership was negligent (which allows for payment of damages only). Dealership after stalling for years, admitted negligence (it was only $40,000, while the plaintiff had also racked up 70K in attorneys fees over the years). Another law, MVSRA, supposed to protect the injured parties and promote shops not f-ing around allows the award of attorneys fees if the shop charged for work that was not done (among other things) as additional punishment for the shop. Under this cause of action, the plaintiffs won at trial and were awarded the $70,000 in fees and costs. So, they were awarded 110,000 (probably plus interest, etc...). The appellate court upheld the 40K negligence award, but said the 70,000 award under the MVSRA was wrong, and tossed it out, because the shop substantially performed the work.... even if it was negligent, they didn't say they did it when they didnt. So, as I said above, I see where they're doing all they can to protect the businesses, but as is often the case, the contortions they have to do to to do it make it obvious they're stretching to find a way to rule in the way they want to rule. Now, admittedly, maybe it was bad drafting by the legislature, but I don't know enough about the particulars of the the bills legislative history to opine on it. IF that is the result the legistlature wants, they won't change it at all (and people should remember that shit at voting time - but will they? Hell no, just tell me what I want to hear, rah rah rah....). We're the ones who have the vote, folks and we get the government we deserve. But of course, it's always "those" people who vote for those other legislators, not mine who is fighting for truth justice and the american way...

now, if the MVSRA said or allowed for recovery if the work was not done, or not done CORRECTLY, they'd be golden (the plaintiffs). Or so that's the reasoning.

This is one reason we like you.....
The other has something to do with your car or avatar..
(Cannot decide on which).

 

[Magnified]

See why the business / insurance groups want this outcome? If it takes 3 or 4 years to win, even if you win the $40K for your accident, if all of it goes to pay (only part of) your 70,000 fees and costs, who will pursue that? No one. So, it's a way of doing away with liability for shitty work that causes accidents. It is a way of taking away your right to redress of your injuries and jury trial that are guaranteed in the constitution, without a vote of the citizens, or even the legislature. 3 people made this gigantic sea change in the law in that state. Real story is going to be whether people sit up and take notice (usually not), whether they do anything about it (also usually not), and whether the legislature or the supreme court live up to their ****ing oaths. Again, often not, now a days.

 

[hellno]

I knew there was a reason that even when I get my tires replaced down the street from my shop I always recheck the torque ,I have told them plenty of times use a torque wrench not a torque rod because they are unreliable period ,every time I recheck them after getting it back they aren't right ,,my guys catch hell for not torqueing wheels with the torque wrench .even when I swap to my drag wheels at the track I carry my torque wrench and torque them every time …..don't ever rely on a shop to do it