Q: Truck held by repair shop led to business loss. Legal actions?
I am a former owner-operator of a small trucking company. My truck was held by a repair shop in Jackson, Georgia, under the pretense of waiting for a non-safety related part. Despite the service manager later stating, three months later, that I could take my truck, this delay resulted in the repossession of my truck and the eventual loss of my business, amounting to financial losses of approximately $250,000. The shop ceased communication via phone and email after I retrieved my truck. I have documentation, emails, and a recorded phone call concerning this issue. What legal actions can I take against the shop for the financial damages incurred?
A:
There are a few questions before advice can be fully offered. For example, did the shop initially inform you that the truck could not leave? Were attempts made to retrieve the truck that they refused? If either of these are the case, then they later recanted this assertion, then a claim is possible under potential negligence, or conversion for withholding the vehicle. I would need to better understand the nature of the agreement with the shop before alleging breach of contract. To prevail you would need to prove that the shop witholding the vehicle was a direct cause of your business failing, as well as supporting those damages with evidence (lost income, repossession, etc.
I would recommend discussing in further detail with an attorney who can advise you of potential actions and outcomes after reviewing the information described.
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