Man sues Mike Smith Auto for fixing his car

David Yates May 20, 2009, 8:26am

After the owner of a 2005 Nissan Maxima wrecked his car, he took the vehicle into Mike Smith Auto Plaza for repair. A few months later, he sued the dealership for fixing the car.

Walter Wackenreuter filed the suit May 14 in Jefferson County District Court, alleging a Mike Smith employee misrepresented the amount of damage his car suffered and should have instructed him that repairing the vehicle was a lost cause.

According to the suit, on June 27, 2008, Wackenreuter dropped off his car at Mike Smith Auto Plaza, where he claims he was instructed it would take 11 days to repair his Maxima.

Wackenreuter would not see his car again until Jan. 8, a full six months later, "which is far beyond the 11 day time period given."

"Plaintiff was informed by an employee at the time he picked up his vehicle that it should have been totaled," the suit states.

"Defendant misrepresented the damages of the car. Plaintiff relied on Defendant's misrepresentations, whereas he would not have had repairs made to his car � had the truth been disclosed."

Wackenreuter alleges Mike Smith took advantage of his lack of knowledge and is liable under the Texas Deceptive Trade Practices Act.

The suit does not say if Wackenreuter has had trouble with the vehicle since retaking possession.

He is suing for consequential and exemplary damages, plus attorney's fees.

Wackenreuter is represented by Provost Umphrey attorney Mark Sparks.

The case has been assigned to Judge Gary Sanderson, 60th Judicial District.

Case No. B184-073

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