Jerome Marshall Applebaum
Yes, you can sue in small claims court to recover for damages incurred in any "borrowing" circumstance such as this one. Even though this is a gratuitous bailment, your "friend" is still liable for damages as he has a duty due care while the property is under his custody or control. Have your witness available for the trial or at least have an affidavit or other detailed statement given under penalty of perjury about all of the facts which the witness personally observed (heard from defendant at the time of the incident, saw, etc.) and your estimates from legitimate duly licensed auto transmission mechanics also.
Answered on Jun 13th, 2012 at 10:12 AM