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As I understand it, the ruling and your headline is not as it seems. I don't think the ruling is that shops are not required to tighten lug nuts, though why would they be required to tighten lug nuts? Who's going to enforce that and require that?
The issue is about agency. MVSRA (Motor Vehicle Service and Repair Act) is invoked when there is fraud and deception. In this case, the tires were rotated so there was nothing fraudulent or deceptive. The obvious issue is that the lug nuts were not properly tightened, which is an issue of negligence...not fraud. In fact, the technician pretty much admitted to negligence. This is just a case where the lawyer used the wrong legal strategy and incorrectly applied the law. The appellate judge was more technical than practical and the result is a bunch of shock-value headlines. At least that's my opinion.
It WAS a stupid move by the court and probably will be appealed again.
BUT Shops in Michigan that don't tighten lug nuts are still negligent! That's what the court of appeals ruled. They also ruled that MVSRA didn't apply because the judges were dumb.
MVSRA is "AN ACT to regulate the practice of servicing and repairing motor vehicles; to proscribe unfair and
deceptive practices; to provide for training and certification of mechanics; to provide for the registration of
motor vehicle repair facilities; to provide for enforcement; and to prescribe penalties."
By ruling MVSRA didn't apply, the judges said that the hurt party can't get their lawyer fees paid for.
This is just a case where the lawyer used the wrong legal strategy and incorrectly applied the law. The appellate judge was more technical than practical and the result is a bunch of shock-value headlines. At least that's my opinion.
But it's not. Jurisprudence says that IS a proper application of MVSRA. This is the first time since 1974 that it has been successfully appealed. For the last 45 years, juries have awarded MVSRA penalties to shops for failing to tighten oil drain plugs, tighten lug nuts, etc. For 45 years, appellate courts have upheld that MVSRA applies in these cases.
One shop I go to has you come back the day after getting new tires, oil change wheel rotations, etc. to re-tighten the lug nuts. Is this not a common practice, and is it not a recommendation?
One shop I go to has you come back the day after getting new tires, oil change wheel rotations, etc. to re-tighten the lug nuts. Is this not a common practice, and is it not a recommendation?
Yes it’s a good idea to retorque lugnuts after driving a bit.
Looks to me like they tried to shoehorn a negligence case into a fraud and deception statute for a bigger payday and lost.
Quote:
Originally Posted by scorpio516
But it's not. Jurisprudence says that IS a proper application of MVSRA. This is the first time since 1974 that it has been successfully appealed. For the last 45 years, juries have awarded MVSRA penalties to shops for failing to tighten oil drain plugs, tighten lug nuts, etc. For 45 years, appellate courts have upheld that MVSRA applies in these cases.
Again, that's what the law has done for the last 45 years
Isn't the problem here really about having to use an inapplicable law to get court costs paid. Why can't they get court costs paid without needing the MVSRA? They only used the MVSRA to get court costs paid. If they proved negligence, court cost should be part of it, shouldn't it?
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