Fixed Ops Journal - June 2021 - F17

FIXED OPS JOURNAL
LEGAL LANE
Dealership employee can pursue
lawsuit over tailgate injuries
A Kentucky dealership employee can pursue
a personal injury suit against the company
that installed an allegedly defective Ram 5500
pickup tailgate, a federal judge ruled in March.
Jeff rey Guilkey broke his wrists and elbow and
tore his bicep in 2017 when the tailgate collapsed
as he stood on it while washing the truck at Jeff
Wyler Chrysler-Dodge-Jeep-Ram of Fort Th omas
. Th e tailgate was part of a general service body
manufactured by Omaha Standard and installed
by Commercial Truck & Van Equipment.
U.S. District Judge David Bunning allowed
product liability and negligence claims
against Commercial Truck to proceed, saying
there was enough evidence the tailgate was
defective and " unreasonably dangerous. " Th e
judge said Commercial " does not attempt to
explain how the tailgate would have collapsed
absent a defect. "
Th e company argued that it was possible
Guilkey put the tailgate down to make it easier to
climb in and out of the pickup bed, misjudged
the distance to the end of the truck and fell off .
But three employees testifi ed they heard the tailgate
smack against the truck as Guilkey fell .
Th e judge dismissed the case against Omaha
Standard, saying Guilkey couldn't prove
the service body " was defective when it left
Omaha Standard's possession three years prior
to the accident. " He also stated that the tailgate
" had not been in use since it was manufactured
by Omaha Standard, thereby largely
ruling out the possibility that the tailgate
failed due to misuse or wear and tear. "
Maserati owner sues after
oil change comes up dry
A customer has sued a Ferrari dealership in
North Edison, N.J., saying it failed to refi ll the
oil on his 2015 Maserati Ghibli .
Th e suit fi led March 24 in Middlesex County
Superior Court accuses Ferrari of Central New
Jersey of negligence, false representation, deceptive
business practices and breach of contract
MAXIMIZE
TECHNICIAN PROFICIENCY
Techs turn more hours when decisions are
made while the car is racked. Get more done
more quickly with workfl ow transparency,
communications and accountability.
Personalized to how you do work to drive
continuous improvement results.
Download Whitepaper:
www.rapidrecon.com/white-papers/
FREE DEMO / CALL 650-999-0497 / rapidrecon.com
JUNE 2021 PAGE 17
Fixed
Variable
stemming from a February
service visit. Th e suit said the
dealership " had a duty to
safely provide automotive
services including an oil
change " and seeks compensatory
and triple damages.
Rashan Grooms said he paid $1,906 for repairs
and maintenance, including an oil
change. His lawyer, James Almasy, of Woodbridge,
N.J., said the engine started making
noises when Grooms left the dealership and
seized up after the car was driven 5 miles.
Grooms called the dealership to have the
Ghibli towed back, and he and the tow truck
driver discovered the oil pan was empty. He later
brought it to an independent shop, which
found the oil was " overfl owing, " the lawyer said,
indicating the dealership tried to hastily cover
up its initial failure. Ferrari of Central New Jersey
didn't respond to requests for comment.
- Eric Freedman
foj@autonews.com
http://www.rapidrecon.com http://www.rapidrecon.com/white-papers/
Fixed Ops Journal - June 2021

Table of Contents for the Digital Edition of Fixed Ops Journal - June 2021
