Second try with classic car repair lawsuit ends in win for owners

GALVESTON - The last time the lawsuit between Ector County residents Justin and Tamika Dalton and local mechanic Steve McClure was closed, Galveston County Court at Law No. 2 Judge ruled in McClure's favor on grounds the couple did not appear at a status conference.

Toward the end of last month, however, the reopened litigation ended with a default judgment order declaring that the Daltons receive damages for their 1972 Chevrolet Chevelle SS 2-Door Coupe which they claim McClure failed to fix after the defendant himself failed to appear and answer.

Judge Roberts's order, issued April 22, awards $20,130.32 to the Daltons, effectively disposing the eight-month-old suit.

McClure, doing business as Steve's Auto Body, was first sued in September 2012 for failing to repair the plaintiffs' car despite being paid $20,000.

The original petition argued that the respondent neglected to complete the task within a three-week timeframe and when Justin Dalton went to visit his place of business after months of inactivity, he discovered none of the repairs were made as the Coupe “was rolled into the driveway in the same condition it was in when originally entrusted.”

A dismissal for want of prosecution was entered into the case sometime around Jan. 24, but the complainants successfully requested for reinstatement a week later.

They entered a motion for default judgment on March 19.

Cause No. 68,296