Tennessee Civil Litigation Legal Questions

If the negligence of a Jiffy Lube' franchise caused your friend damages, she would have a civil claim against that franchise.   She might be able to concoct something against the franchisor, but, unless her contract was with the franchisor itself, the claim would be very weak and probably not worth pursuing.  Moreover, any claim she might have against the franchisee would be affected by the provisions of her contract, which might very well have provisions limiting liability.  For esxample, it might say that any recourse for negligence is limited to return of the amount paid for the services.  Such clauses are enforceable to different degrees in differenct states.  For example, in NY, the clause is enforceable for ismple negligence, but would not preclude recovery of actual damages if the plaintiff could show some culpability beyong simple negligence - gross negligence or intentional wrongdoing, for example.  I don't know what Tennessee law provides, or even if Tennessee law governs, since the contract probides otherwise.  It also may provide for arbitration.  The first step your friend needs to take is to read her contract (or hire a lawyer to read it for her).   P.s. I felt compelled to edit this to add that you will need an expert to testify that the cause of the problem was the failure to drain the used oil.  Your video can be useful for showing the condition of the car, but the part showing the goy from Pep  Boys opining as to what he thought the cause was failure to drain the oil will probalby be considered inadmissible hearsay (hearsay is an out of court statement offered in evidence to prove the truth of what the person said).  He was not under oath when he said it, he was not subject to cross-edxamination, and he had not been qualified as an expert (only experts are allowed to testify to their opinions, as opposed to facts of w hcih they have personal knowledge).... Read More

Since the garnishment was issued by the court, there must be a judgment rendered against you and you would have at least been served with the paperwork before the judgment was rendered, at least on paper. Go to the court which issued the garnishment and look at the paperwork which rendered a judgment against you to see what kind of service of process that it shows. You can hire an attorney to challenge the service of process and therefore the judgment rendered against you.... Read More

Many private schools require the students to be involved in some sort of after school activity. If that is their policy, try to obtain an exemption. If they say no, then your child can either start the activity or your child can attend another school. The school has the right to set the requirements to be allowed to attend the school.... Read More

Being a cosigner on the car does not entitle her to possession of the car. Right to possession is determine by the TITLE to the car.  If she is not listed on the title and it is only you on the title, then she has no right to possess the car and she has stolen your car. If you are both on the title, then each of you has an equal right to possession of the car. If she is the only one on the title, then she has a right to possession.... Read More