Dealer blames car wash, lube shop for destroying engine in Benz

Kelly Holleran Nov. 10, 2014, 11:01am

A car dealership alleges it was forced to replace the engine in a Mercedes-Benz after a local car wash allegedly failed to place the correct oil filter in the vehicle during a routine oil change.

Mike Smith Autoplex-German Imports, doing business as Mike Smith Mercedes-Benz, filed a lawsuit Sept. 17 in Jefferson County District Court against Cypress Car Wash Services doing business as Cypress Station Carwash and Lube.

In its complaint, Mike Smith alleges Shawn McCoy brought his 2012 Mercedes Benz E350 to Cypress Station on June 27, to get the oil in the car changed. Following the services, McCoy paid, then left, according to the complaint.

However, he did not realize that Cypress Station had not placed the correct oil filter in the vehicle, the suit states. In turn, the engine was destroyed, the complaint says.

The plaintiffs allege breach of contract and breach of express and implied warranties.

In their complaint, the plaintiffs seek a judgment of $26,786.81, plus pre-judgment interest, attorney fees, costs, post-judgment interest and other relief the court deems just.

Attorney Michael K. Eaves of Calvert, Eaves, Clarke and Stelly in Beaumont will represent the plaintiffs.

Jefferson County District Court case number: E196-123

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