Kelly Holleran Aug. 4, 2014, 3:04pm

A woman claims she was forced to repeatedly replace the rear tires on her vehicle after a repair shop failed to correct a bent axle.

Joellyn Moynahan filed a lawsuit July 22 in Galveston County District Court against Alfredo Perez, doing business as Perez Repair Shop, and Leonardo Rodriguez, doing business as Leo’s Paint and Body Shop. 

In her complaint, Moynahan alleges she brought her 2001 Ford Windstar to Perez Body Shop on Sept. 6, following an accident. After the shop worked on Moynahan’s vehicle, she claims she began experiencing accelerated wearing and balding of her rear tires, according to the complaint.

Moynihan says she brought the vehicle back to Perez where she was told the rear axle had been properly replaced, the suit states. Employees at the repair shop recommended she bring her vehicle to Leo’s Paint and Body Shop for realignment, the complaint says.

Although workers at the body shop claimed they realigned the Ford’s tires, Moynahan continued to experience accelerated wearing of the tires, according to the complaint. She purchased new tires from Big Boy Tires and Wheels on Nov. 20, and again only five days later, the suit states.

On or about Dec. 3, Moynahan took her vehicle to Texas National Tire and Batteries for realignment, the complaint says. There it was discovered someone had attempted to correct the displacement problems using shims instead of pointing out the obvious – that the rear axle was still bent. In fact, the axle had never been replaced, Moynahan claims she was told by three different companies.

Moynahan incurred additional repair costs because of the defendants’ actions, according to the complaint.

She says the defendants violated the Texas Deceptive Trade Practices Act, breached their contracts and engaged in fraud.

Moynahan is seeking economic, mental anguish and exemplary damages in excess of the minimum jurisdictional limits of the court, plus pre- and post-judgment interest, attorneys’ fees, costs and other relief the court deems just.

She is being represented by attorneys David P. Salyer and Amanda D. Wright of McLeod, Alexander, Powel and Apffel in Galveston.

Galveston County District Court case number 14-CV-0781

This is a report on a civil lawsuit filed at the Galveston County District Court. The details in this report come from an original complaint filed by a plaintiff. Please note that a complaint represents an accusation by a private individual, not the government. It is not an indication of guilt, and it represents only one side of the story.

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