On or about October 28, 2014, Ms. Zver took her vehicle to a motor vehicle repair shop for a routine oil change. Ms. Zver drove away to find her vehicle was not working properly. The vehicle was towed back to the motor vehicle repair facility. It was discovered that the oil plug was not put back in the engine and all of the oil leaked out. Ms. Zver was instructed to leave her vehicle at the repair shop for the engine to be replaced. Ms. Zver was given a rental vehicle.
The engine repairs were delayed. On January 2, 2015, Ms. Zver returned the rental vehicle but her vehicle was still not fixed. Ms. Zver issued a claim for the full value of her vehicle. The repairs were subsequently completed on February 13, 2015. Ms. Zver was not permitted to pick up her vehicle unless she signed a full and final release. Ms. Zver properly refused to sign the full and final release. The repair shop refused to return her vehicle and began charging storage fees at $75/day.
After hearing all of the evidence, Deputy Judge Skolnik found that Ms. Zver acted in a reasonable and prudent manner. Ms. Zver allowed more than adequate time to repair the damage caused by the improper oil change. Ms. Zver was awarded judgment for the replacement value of her vehicle. Ownership to the vehicle transfers to the Defendant on payment of the Judgment.
The repair facility counterclaimed seeking $13,320.00 for storage fees at $60/day, reduced from $75/day. Deputy Judge Skolnik dismissed the claim for storage fees under the Repair and Storage Liens Act. Ms. Zver did not pick up her vehicle because the vehicle was not returned free of conditions and in an unfettered manner. The full and final release acted as an impediment to accepting her vehicle back.
For a complete copy of the case; Zver v. Scott (c.o.b. Scott's Customer Classics),  O.J. No. 7189