Volvo owners sue lube shop over botched oil change

John Suayan, Galveston Bureau Jan. 5, 2011, 7:48am

GALVESTON – Brian A. Funk and Emery McClure are suing The Stanley Group Inc. over a botched oil change.

In a lawsuit filed Dec. 29 in Galveston County District Court, Funk and McClure allege that the mechanics at Kwik Kar Repair Shop in Galveston did damage to their vehicle in June of last year after agreeing to replace the oil.

The plaintiffs turned their 2002 Volvo C70 over to the business for the service, but instead had their motor burned out.

Kwik Kar is not named a defendant in the case.

The suit blames the defendant for breach of contract, negligence and deceptive trade practices.

"In this regard, the plaintiffs will show that the principles of vicarious liability and respondeat superior are applicable," the original petition says.

Consequently, the complainants seek unspecified monetary damages.

Funk and McClure are represented by attorney Timothy A. Hootman of Houston.

The case has been assigned to Galveston County 122nd District Court Judge John Ellisor.

Case No. 10-cv-4424

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