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What type of attorney in San Jose,CA do I retain to sue a Midas in Campbell,CA

San Jose, CA |

Midas did the first and only brake job on my 2011 Tahoe. They didn't install the caliper brakes properly. On a business road trip, the caliper lower bolt sheared off because there was no upper bolt in it. It fell into the tire, wedged in the rim, locked up the wheel, and made us skid out. It was wet due to rain and 5 minutes earlier we were going downhill in the mountains (whew!). I have all the photos of damage from the dealership, the ruined rim and tire, repair costs, hotel costs, rental car costs. Little while after the brake job I had taken the truck back to the dealer because the brake pedal would travel all the way to the floor and still not stop the vehicle. they found that the master cylinder seal was dislodged during the brake job. Kids are scared of the truck now!!

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Attorney answers 5

Posted

A business litigator should serve your purposes.

The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.

Posted

It sounds like a small claims case to me. Arbitration may be required. You need to review your contact/warranty with Midas.

Have you presented a claim? Perhaps a letter from an attorney with your documentation would do the trick.

IMO, it will be hard to interest an attorney in this type of litigation as all you have are low figure economic damages.

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Posted

If your damages are under $10,000, it is a small claims matter, which is probably the best place for this type of matter. It will get you a quick resolution, and Midas may just pay you once they get served. A conversation with the store manager, combined with a letter from whomever performed the repairs may accomplish the same thing.

Posted

Depending on the $$$ value of the case, you might sue in Small Claims Court. But if you anticipate a rigorous defense, a Business Litigation Attorney would probably be best. Look on Avvo.Com under 'Find-A-Lawyer'. Good Luck!

Posted

Because this involves poor workmanship and likely a guarantee or warranty on the work, this is a "consumer protection" matter, so, you are able to use consumer protection laws to your benefit. What that translates to is this, you do NOT have to do this alone. You can have a consumer protection law firm like mine handle the matter and get paid by the "bad guy." You may end up solely with your money back for the brake job and related costs like the rent a car without much else but, you should get your atty fees paid for, which is a nice bonus of these types of laws. Feel free to contact my office for a no fee review.

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