A recent Kentucky jury decided that it could. The Plaintiff had his vehicle towed to an Auto Clinic twice for overheating. The second time, the repair shop owner decided to install a rebuilt engine. Two days later, the plaintiff left his car idling for about 30 minutes while he was sitting in it.
A fire erupted in the engine compartment, engulfing him in flames. He suffered third-degree burns over 45 percent of his body, including his airway, and died three days later.
Two daughters, as co-administrators of the estate, sued the repair shop and its owner and operator, alleging failure to diagnose and repair the overheating problem. Plaintiffs alleged defendants’ failure to correct the problem resulted in automatic transmission fluid spraying onto the hot manifold and spreading to the gas lines, causing the fire.
Defendants contended the fire was caused by a defect in the vehicle’s intermittent cooling fan.
The jury awarded plaintiffs about $3.26 million. Florida has similar laws for liability of repair shops. If you know of a similar accident, be sure to hire an experienced board certified trial attorney that knows how to sort out the facts.