Suit over botched oil change ends in take-nothing judgment

John Suayan, Galveston Bureau Jan. 2, 2012, 1:23pm

GALVESTON - A lawsuit targeting a local lube shop over a botched oil change has come to a close.

Galveston County 122nd District Court Judge John Ellisor signed a take-nothing judgment order Nov. 23 in Brian A. Funk and Emery McClure's suit against The Stanley Group Inc.

Funk and Emery filed suit last Dec. 29, alleging the mechanics at Kwik Kar Repair Shop in Galveston did damage to their 2002 Volvo C70 in June 2010 after agreeing to replace the oil.

The plaintiffs turned their vehicle over to the business for the service, but instead had their motor burned out, the original petition claims.

The suit, which does not name Kwik Kar as a defendant, blames Stanley for breach of contract, negligence and deceptive trade practices.

The defendant entered its original answer a month after it was served.

Prior to the litigation's disposal, Stanley submitted its designation of expert witnesses, tabbing professional auto mechanic Craig Ruffner of League City and Galveston attorney Timothy A. Beeton, its lead counsel, to testify on its behalf.

Ellisor ruled the plaintiffs take nothing from Stanley.

Case No. 10-cv-4424

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