American Family Association’s Dismissal Of Lawsuit

A three-year-old American family was devastated when the reputed Ohio car body shop they visited to get repairs on their used vehicle was not licensed or insured in Ohio. Now their lawsuit against the auto body shop will go to trial in July.

The family lawyer, Robert Ehrman, is asking the court to dismiss the case without prejudice, a legal right in which if the plaintiff’s case should be dismissed it cannot come back again in the future. The case is so bad that it has attracted the attention of the attorney general’s office. It is unfortunate to see how families are treated by car body shops these days.

The accident that took place at the American Family’s shop left both the family members and the shop owner with serious injuries and medical bills. According to testimony during the hearing, the shop owner said that he did not have enough insurance to cover the damages and medical bills the family incurred. In fact, Three-C declared that their negligence was the main cause behind the accident.

The family’s lawsuit has been filed against Three-C and the shop owner, Matthew Kavanagh. However, Three-C claimed they had not given the shop adequate notice and protection. Even so, Three-C claimed they gave Kavanagh written notice before beginning the repairs in March. The store manager, in response, told the family that Three-C does not operate the vehicle repair shop overnight and the owner should have gone there immediately to discuss the work.

The court case against Three-C is one of several car body shop related lawsuits filed this spring across the country. These lawsuits are all related to the recent economic crisis and the recession, the number of job cuts, the shrinking manufacturing industry and the resultant drop in demand for automobile repairs and services. Many people are losing jobs and many car body shops are closing their doors due to increased overhead, costs, higher wages and other factors.

“There has been no improvement in the overall economy, nor in the condition of the auto insurance companies or the state,” says Richard Bratzler, vice president of the National Automobile Dealers Association, a trade group. “The recession is still playing havoc with the auto industry and with our state and local governments. It is hard for the insurance carriers to pay their claims.”

The family’s lawsuit against Three-C was thrown out of court because it failed to prove that it had not given them proper notice. The attorney general’s office filed a second suit against the shop, contending that Three-C failed to give proper notice before conducting the repairs. They also argue that the shop should have been insured, because Three-C was only operating an automotive body shop, not a service business, but rather a body shop.

According to the U.S. Bureau of Labor Statistics, nearly thirty percent of businesses in Ohio are involved in some sort of business-to-business or non-for-profit business. As such, most are involved in the auto body business.

Car body repair shop owners, like other business owners, are required by law to give a minimum amount of notice before any repairs are made. In addition, the owner must give a reasonable amount of notice in advance in order to allow customers enough time to get replacement parts if needed. Failure to give these types of notice can result in the owner being held liable for damages caused as a result of the repairs.

The American Family Association is a nationwide association of business owners. The organization is comprised of all types of businesses including automobile dealers, mechanics, dentists and car body shop owners. The organization was formed after the passage of the ADA (Americans with Disabilities Act of 1990.

This law protects qualified individuals from discrimination in employment or on the basis of disability. The act specifically states that businesses can not discriminate against qualified job applicants or employees because of a disability-related issues.

A lawsuit that was dismissed in the court of law as frivolous is the American Family Association’s suit against Three-C. This lawsuit may provide a lesson to future plaintiffs who wish to file a car body shop related lawsuit against an auto-body shop owner.

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