Suit alleges Wal-Mart damaged engine during oil change

David Yates Jul. 23, 2008, 8:52am

ORANGE -- Jules Daniel went to the Orange Wal-Mart to pick up some groceries and have the oil changed in his pickup last year. Shortly after he left the store, the truck froze up and the engine died.

Daniel claims the Wal-Mart employee stripped the threads on the oil change plug. Seeking actual and consequential damages, he filed suit against the mega retailer July 7 in Orange County District Court.

In his suit, Daniel says on Oct. 27, 2007, he took his 1994 F-150 pickup to Wal-Mart for an oil change.

While he shopped for groceries, Daniel alleges a store employee stripped the threads on the oil change plug and did not replace it or perform a follow up inspection.

"When the oil drained from the engine, the engine seized and froze up," the suit says. "The engine was completely destroyed. Plaintiff drove his vehicle about two miles from Wal-Mart when it seized."

When Daniel made it home, he called Wal-Mart, who sent an employee to his house. The employee confirmed the oil had drained out and told Daniel to have his vehicle towed to a repair facility, the lawsuit says.

Daniel's vehicle is still sitting in storage at the dealership where he originally bought the truck. Wal-Mart has allegedly refused to pay for repairs and storage costs, the suit says.

"The damage to plaintiff's vehicle was caused by the negligence of Wal-Mart," the suit says. "Wal-Mart's actions (are in violation) of the Texas Deceptive Trade Practices Act."

Daniel is represented by Thomas Moses, attorney at law.

The case has been assigned to Judge Pat Clark of the 128th Judicial District.

Case No. A-080253-c

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