WalMart Gives Cars Away

[roguenkatz]

Unfortunately, they belong to someone else...

http://www.chron.com/disp/story.mpl/metropolitan/casey/4301628.html

Wal-Mart is unlike Oprah

By RICK CASEY
Copyright 2006 Houston Chronicle

What's the difference between Oprah and Wal-Mart?

When Oprah gives away cars, they're not somebody else's.

Martha Velazquez, a 30-year-old marketing specialist at a Houston health club, says she took her 1999 Pontiac Grand Am to the Wal-Mart in the 7000 block of FM 1960 to replace a flat tire she had bought there four months earlier.

"My mechanic told me it was punctured on the side and he couldn't fix it," she said.

She said the attendant at Wal-Mart told her the wait would be more than three hours, so she went shopping.

When she returned she was surprised to learn there would be no charge.

"I thought they'd adjust for the tread that had been worn," she said.

"I didn't argue. I put my groceries in the car and was approached by the mechanic who had done the job.

"He said he wanted to tell me what he did to the tire in case I had any problems," she said. "He said he put sealant in it. I told him I didn't wait four hours for sealant."


Ten days later, Velazquez received a call from a man who said he was a tow truck driver who came across an abandoned car and found her ID in it. He told her where to find it, but she suspected he may have been the thief.

Seems like a no-brainer to me. But then I'm not the world's largest retailer.

More at link....
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[meegbear]

1. Sue the bastards!

They were completely negligent.

[grizmaster]

2. depends on why the keys were in the car

If a Walmart employee was the one who left the keys in the car you have a strong case. If the owner left the keys in the car, I think they'll be out of luck.

[merh]

4. What part of

She explained the manager said it would be free and asked her where the car was.

"He told me he gave the keys to my husband and he drove off," she said.

"He ran off. Another mechanic came over and asked how he could be so stupid that he would give it to that crackhead who had been bothering them all day," she said.

do you not get? :shrug:

[grizmaster]

5. what part of this

do you not get? The mechanic said the guy found the keys in the car

Like I said, if Walmart left the keys in the car there's a good case. If not, good luck.



"But a police report on the incident appears to offer what may be Wal-Mart's version of the story.

"The mechanic who did the job told the investigating officer that a man approached him and claimed to be Velazquez's husband and he wanted to pick up the car.

"The mechanic said he told the man he couldn't release the vehicle until the repair was paid for. He said the man told him he just wanted to put some things in the car and his wife would pay.

"But the man then jumped into the car, apparently found the keys and drove off."

[merh]

6. Again, it is pretty clear, the mechanic gave the guy the key

"He told me he gave the keys to my husband and he drove off," she said.

"He ran off. Another mechanic came over and asked how he could be so stupid that he would give it to that crackhead who had been bothering them all day," she said.

[grizmaster]

10. again, "she said"

versus what the mechanic said in the police report

I assume she's the one telling the truth, but it depends on what the mechanics say under oath.

[napi21]

3. This sure sounds like WM's responsibility to me!

I haven't seen what form(s)WM has you sign when you leave your car with them or course, and knowing them, they probably have a disclaimor included. There is always the implied responsibility that is recognized by all courts, and I believe this lady would win in any court.

Find a lawyer to take your case pro-bono, and give 'em hell!

[Smooth Operator]

8. once Wal-Mart took possession of the car

I would think that anything that happened to it would be their responsibility.

[MindPilot]

11. Not true. The car's owner is responsible for it.

If a car is stolen, that falls under the owner's insurance. I've had a few fall off the rack in my career, and generally the damage is covered by the car owner's insurance. Usually of course the shop will provide a complimentary rental and cover the deductible.

Whether or not the shop would be held negligent would depend on what their is usual protocol for handling keys and if that was shortcut allowing a thief access that he ordinarily wouldn't have.

Many shops have procedures that are frighteningly informal.

[lectrobyte]

7. This is crazy. Don't we have courts and laws and stuff anymore?

The WM staff was negligent, and would seem to be clearly responsible.

[MindPilot]

9. Take it from someone who's spent many years in a car dealer

This shit happens. Yes you do everything you can to prevent it but sometimes, someone will get through the process and the wrong person gets the car.

In one instance a guy went into the locker room, grabbed a mechanic's shirt, went and told the shop fore he was the new lot attendant. The foremen handed him keys and told him to go find a certain car and bring it in the shop. Neither the "lot attendant" or the car were ever seen again.

Another time a car thief took a vehicle right out from under my nose. I had my back turned working at my bench, the car was running--warming up--and I turned around it was gone.

That why shops--and car owners--have insurance.

[napi21]

12. Do you know who was held responsible when a car went to the wrong

person? I understand the insurance side of it, and that's true, but WM has insurance too!

I have to believe the responsibility falls to the dealership or the store IF negligence can be shown.

[MindPilot]

13. To the best of my knowledge that never happened

but it was certainly not uncommon for a someone to come in and say "I'm picking up a car for so-and-so" and no questions asked. Usually there was money involved; it's really unlikely that anyone is going to cough up a few hundred bucks to drive out of the dealership with a car they don't own.

Sounds like in this case the thief used a little social engineering with information he'd picked up just hanging around the place, and caught somebody off-guard. It's really hard to hang a charge of negligence on someone when they are essentially one of the crime victims.

As much as I hate WM, and I'm not a lawyer, but I don't think they can be held legally responsible in this case. However, they have boatloads of money and it always amazes me how often you hear stories about WM missing a grand opportunity--like this one--to make some good PR. They could've paid for car and been heroes.

In case where the shop foreman gave the keys to the person impersonating a new employee, that car was right off the truck so it was an oh well, one got away. It was probably in a chop shop before the police report was filed. Crash parts from a brand new car--that's some serious money.