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Old 03-10-2006, 12:57 PM
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Join Date: Mar 2006
Posts: 1
Default Emotional Distress can I make a case?

I need some advice. My car was in for service recently and the dealer made all kind of mistakes including out right lying and trying to charge me double for labor but here is the most disturbing. After speaking with the Service Dept Manager regarding the service they made the biggest mistake of all. They never connected the filler hose to my gas tank so when I went to fill my tank with my two youngest children strapped in their car seats the gas just poured out the bottom of the car. My car was in a huge puddle of gas with my kids inside. One little mistake and my children could have been killed. I was stranded at the gas station with two little kids, my husband had to leave work and almost missed a very important meeting at work. I call the dealership and I get "what do you want me to do with it". This has been going on all week since they started to work on Monday, I got the car back on Tues, gas flood on Wed and they waited until Thursday to call me back about this. I have not slept, and have a constant migraine. My car smells of gas and I do not feel safe driving in the car anymore. Please any advice would be helpfull.
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Old 03-13-2006, 02:12 PM
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Join Date: Jun 2005
Posts: 456
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You will most likely not prevail if you sue for emotional distress. This is not a cause of action in a breach of contract case which is what you will argue here. Sue for damages and out of pocket losses. Some judges might even throw in some extra $ for aggravation, time etc.
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