In service contracts, a provider who performs shoddy workmanship that causes additional damage to a customer's property is legally liable for the cost of repairs, even if the original damage was caused by someone else. The court ruled that the auto glass shop owner was responsible for the $334.93 cost to repair the broken window regulator because he failed to replace the necessary components during the original repair, demonstrating that professionals must ensure their work meets acceptable standards to avoid liability for resulting damages.
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Shoddy WorkmanshipAjouté :
This is the plaintiff, Gary Suburbie. He says he brought his car to the defendant shop to get his busted windshield and window replaced, and a slack jaw ended up breaking his electric window. One would think he'd do the right thing and repair it, but no, not this guy. He's suing for $884.93.
The amount of the repair, an aggravation.
This is the defendant, William Ryman. He says the plaintiff brought his car in and it looked as if someone had taken a crowbar to it. Talk about being in bad shape. The plaintiff's one of those hottheads who abused his sweetest sugar 80 lb secretary. He did no damage to the guy's hunk of junk and therefore owes him not one red scent. He's accused of shoddy workmanship.
Okay. Gary Suburbie, you are suing William Rinman.
>> Yes, ma'am.
>> Rinman for uh doing business as A1 Advanced Auto Glass for $884.93 that you say he owes you for botching a window repair. Tell me what's going on.
>> Well, I brought I brought my car. I he I called him and we set up an appointment for him to come and see me and I had my windshield broken and um my driver's side window broken and >> windshield broken and driver side window. How did that happen?
>> Um I had it in I had been repaired an auto body repair shop and they someone there broke the window and the wind the windshield and the window >> on purpose or vandalism.
>> It was vandalism.
>> But the people who own the shop or somebody else? I'm not sure who it who it was, but it was the the guy from the shop called me and told me that my window had been broken in my >> All right. And did And how come they didn't fix it? They don't do that.
>> He said he wasn't responsible for it.
Well, that's another that's another case pending. Okay.
>> All right. So, you call him and you're a mobile you're mobile.
>> Absolutely.
>> I guess everybody who does that type up, come out, take care of what you need.
>> All right. And how long have you been in business?
>> 10 years.
>> 10 years. Okay. So, he comes out there and he gives you a price of what?
>> $350. He gave me the price >> to replace the windshield and the window.
>> To replace the windshield and the window was $350. Okay.
>> Total.
>> And so what happens?
>> So he came he came I told him, okay, he came to where I worked and he did it out back. He he broke the um these these wheels that go on on on the wind on the windows.
>> Okay.
>> They're they hold the window on the regulator. And he broke them. And >> how did you see him break it or you know he did because of what you know later?
>> No, I saw him break it.
>> Okay. and he told me, "You don't you don't need that." And he put he he he fixed the window he put the window in anyway. Two days later, um the the window came off track because it didn't have the the these wheels on it.
>> So he told me that I >> So how did it look? It sunk in or >> No, it's it's off to the side whenever it's a power window. When I push it up, it it it jumps off of the track. So I have I have pictures showing how it goes.
>> Okay.
>> Um this is how it looks when it goes all the way up.
>> Okay.
>> Video. Maybe I'll flip them like that and I'll get a video out of it. Okay.
>> I've written on the back what what you're looking at.
>> Yeah, I can see it. I can see the gap.
All right. So, you How soon does this happen?
>> Like two days later. Two days after I called him called like two days after that and tell to tell him the window came off track. He said he'd fix it. Um I took the car to get inspected. It failed inspection because of that.
>> Oh, why don't you just get him to fix it? You got him. You need him fix it anyway before it rains. So, >> right. I asked him and he kept telling me, "Okay, I'll do it Monday. I'll do it Wednesday. I'll do it Friday." And I I I would call these messages, he wouldn't return my call. So, I called him on my daughter's phone because I I I thought that it was they were seeing the caller ID and they weren't answering. So, I call on my daughter's phone and the machine picked up. I just hung the phone up. Two minutes later, five minutes later, the phone rings. Hi, this is >> Hi, somebody was calling from here. AND I SAID, "HI, THIS IS GARY SUR."
>> SOME FELLOW WHO'S TOO BUSY TO RETURN your calls. All of a sudden, it's like he's there. And and I told him, I said, "Come, come on, Billy. This has got to get fixed." You know, >> how long has passed by this point?
>> Almost probably over a month. A month.
Yeah. And I'm And I'm I'm I'm calling I'm being very patient with him. I told him, you know, now you're taking you're taking advantage for weakness and it's not going to going to happen like this. I told him, "This has got to get fixed, Billy. I'm I'm getting pulled over by police, you know, and I had to explain the whole situation.
>> What happened? Why didn't you go fix it?
>> I had some vehicle problems and all I asked him was to be a patient. I never denied him the work. I told him that we were >> Yeah, but he paid he You were paid in full for a job that was >> Ma'am, it was only two weeks. It It wasn't a month. And And actually, >> how long was it?
>> Two weeks. It was a month.
>> What happened at the end of the two weeks?
>> He kept start calling like 13 14 times.
He called my He called my shop and started harassing my secretary saying, "Well, aren't you the girlfriend?" Yeah.
Well, no, she's not my girlfriend. She's my wife. He started call her sweetheart and baby. And this is when >> some New Yorkers just talk that way.
>> Okay. Well, disrespected my girl. Okay.
So, he he start harassing her. I felt it was harassment after 13 times.
>> How was he harassing you?
>> He was calling continuously. Part of the thing was he called at one point and said the windshield had leaked. We went out and fixed it. The leak of the windshield. He then had stated that these clips were broking and we had said to him that if he got the parts, we would put them in. But >> wait, wait. I'm not understanding. I according to him, what happened was that it broke right in front of him when you were fixing the window. Your story is different than that.
>> Oh, absolutely.
>> Okay. So, you tell me what what you say happened.
>> Okay. Is it wrong for a guy to call a another guy's wife sweetheart?
>> Yes.
>> Why? cuz it's disrespectful.
>> Is it disrespectful?
>> I think if you were to call someone honey or sweetheart or baby, I don't know. I mean, maybe would be wrong, but not sweetheart. Sweetheart is just a term of identification. It's just >> Thanks, honey.
>> Thank you.
>> Thanks, sweetheart. Going inside the courtroom.
>> When you replace the windshield, these press into the window. They're pressed into the windshield.
>> When you're I'm sorry. When you're replacing a window, why don't you just put the new little roller so the window works?
No. No. Wait. You're not listening to me. You're talking, so you're not listening to me. If you're going to charge somebody 350 bucks to replace the window, okay?
>> And this part, this little wheel costs what, three bucks.
>> Why don't you put a new wheels in there so that it goes up >> when you take them apart, you're not sure if they're broken apart or not at the time that you take the car apart.
When you take the door panel off, you take them apart. A lot of times they're still intact. I didn't deny the repair.
Okay?
>> I told him I would repair it and I said I would come out. He he called me a month later and said the windshield leaked. I ran out there >> a month after your installation.
>> Absolutely. I said the windshield leaked. I went out there. I fixed the windshield, repaired the windshield. At that time, he pointed out that the window didn't work properly. I said, "Listen, >> did you see it? How there's a gap, like a 2in gap? I mean, it's pretty bad."
>> And I told him that I would fix it. No problem.
>> Okay. But you didn't. How long did you It took several weeks. And then you got mad at him for cycle calling. That was the two weeks after the month that he I told him I would fix it.
>> Right. And then for two weeks you didn't and why >> we had called him two days prior and told him that he was on a schedule for the next two days. I didn't understand why he kept calling. Okay. And then it got to be 10 times in that day. Okay.
Then he starts saying things. Aren't you the girlfriend? Aren't you his girlfriend? He don't even know me.
>> What was it he said to you? He had called up and wanted the address to come over to the shop and I had stated that he was not there and there was nobody to help him.
>> That who that that Gary that I'm sorry that William was not there.
>> Yes. Okay.
>> At that point he started carrying on more and I told him, you know, there was nothing I could do. I would have to have William call. And he got IEA with me and I hung up the phone and I knew he was calling back and I I didn't want to pick up the phone. At the same point, I called him and told him that he wants to come to the house.
>> Wait, what do you mean the house? Um, the shop. Oh, the shop is at your house.
>> Oh, I thought when you said that in the answer the complaint, I I thought this guy had looked up your home address and was stalking you at your house.
>> Door to the shop.
>> Because he was told that he I wasn't there. Why are you coming there if I'm not there?
What are you doing? You're harassing my wife.
>> Well, he thinks he's going to go to a business establishment, speak to your secretary. You have chosen to put your wife as your secretary and your home as your office. Okay. I mean, that's a little different. But if I'm told I'm not there to harass your wife if you had a business and a secretary somewhere else.
>> But if I'm told I'm not there and he says, "I'm coming anyway."
>> Okay, I got it. So, you're suing for 350 for the cost of the job. $334.93 for the cost to have this repaired because according to you somebody else, you have you have the the the the estimate, please?
>> Yes, ma'am.
>> Okay. You have an estimate from this auto service place who says that it's $334 between labor and parts because they have to replace the regulator equalizer and the regulator power.
>> What we why would we have >> why would you have to replace a regulator if it's two door crypts that are broken?
>> I don't know. See, this is when it would come in really handy to not ignore the guy and to have taken care of the business. But in what world would it be fair for him to have to reimburse you not just what it cost you to get it done elsewhere, but also the cost of the original window job? Then you'd be getting walking out of here with never having to pay anything for the window repair. How would that be appropriate?
And aggravation. If we could if people could charge for aggravation, I would be a very rich woman. Okay. You are not entitled. There's no such cause of action as aggravation. All right. But I do find in your favor for the cost of what it's going to take to repair the window in the state that it should be, which I have one estimate in front of me. And you're very hardressed to argue that this is unfair, unreasonable, or whatever else when you didn't take care of it in one month, according to him, two weeks by your own admission. Okay?
You should have taken care of it the next day. $334.93 verdict for the plan.
>> Thank you, honor.
>> All right, let's talk to the glass guy coming out on the losing end of this case here. Step on in here. What What's What's your reaction to the outcome here from the judge?
>> It's a sad day for business owners. Why?
Why do you say that? Elaborate a little bit.
>> All we had to do was wait. We weren't denying them the business. The car was busted apart really bad. It was vandalized. Whoever broke it broke it before us. We didn't break it.
>> What What annoyed you the most about this guy?
>> Seemed like it annoyed you.
>> It's harassment that he that he harassed my wife and uh that was it.
>> Did you find it harass harassing also?
>> Absolutely. Absolutely. There was no need to come to the home.
>> Okay. All right.
>> Head right down this way. All right.
Take it easy.
>> All right. So, come on in here. step in here. Um, you satisfied with what you got out of this?
>> Yes. Yes, I am. I mean, I'm I'm sad that it had to come to this, you know.
>> How'd your vehicle get into that condition that he described?
>> Oh, I somebody broke the windows in it, you know, the windows >> and he he put in the the the strips for the windows, didn't put them right, they they they fell off the next day.
>> Did you know feel like you were annoying?
>> No, I felt that I was trying to get to to get a job done. You know, I offered to go to them if they couldn't come to me. You know, he told me she he told me she was his girlfriend.
>> Okay. Okay.
Harvey, what do you think?
>> Okay, these shops are licensed by the Department of Consumer Affairs in many states. If you have a problem like that, you can call the department and they can mediate the dispute.
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