Worked on a car, now being sued

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witchiepumo

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My jurisdiction is: Columbus, Ohio

We are being sues in a small claims court. My husband was working on this persons car and in order to properly diagnose it, it needed a few parts. After the customer bought the parts, my husband installed them and tried to start the car. Immediatly finding out that it needed a new engine. After informing her of this and buying one of the parts to go with the vehicle, the customer then had it towed to the dealership (my husband not recieving ANY money for the work he had done). The dealership then informed the customer that the part my husband had bought, along with the others that the customer had previously purchased and my husband installed, were all broken and needed to be replaced in order to diagnose the car (which is what my husband had told the customer in the first place). So my husband bought SOME of the items and installed it (and one of the parts flew off that he was installing at the time, chipping his tooth and giving him a busted lip) only for the dealership to have said she needs a new engine (like my husband told her) because the car did the same exact thing to them that it did to my husband. Now she is sueing us for the cost of the engine ($3000).

Heres why I see a problem...
1. We replace one part without the customer requesting us to do so
2. We replaced other parts at request.
3. The dealership did the SAME EXACT THING my husband did, but charged her for it. Whereas we didnt recieve nor asked for dime one for the installing and reinstalling of the parts.
4. My husband and his friend found an engine for her car for about $800. But, instead, shes wanting to go with the more expencive engine ($3000).
5. The dealership came up with the SAME diagnosis my husband did.

Here are my questions....
Any advice on how to fight it? and possibly win?
Would letters from his other customers signed and notarized be admisable in court? and would we have to send a copy of them to the customer sueing us?
 
Is your husband a professional mechanic? Did he create an invoice for the work he did to show what repairs were done?
The plaintiff will have to show proof that your husband was the cause of the engine malfunction. If the dealership said the exact same thing as your husband did with regards to the diagnosis, make sure you obtain a copy of the dealers report. Of course, the question remains as to why the dealership had to replace the parts that your husband had just fixed. That seems like a red flag to me.
The short answer is that it is the responsibility of the plaintiff to prove their accusations. You have the right to request any evidence they plan to use against you in court. I would find out what they have and build your argument based on what they intend to present to the judge.
Sorry, I seem to have been a bit long winded just then. I hope this helps.

-Nick
 
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