Fleurantin v First St. Car Wash & Lube

[*1] Fleurantin v First St. Car Wash & Lube 2021 NY Slip Op 50518(U) Decided on June 4, 2021 City Court Of Mount Vernon Seiden, J. Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on June 4, 2021
City Court of Mount Vernon

Ralph Fleurantin, Plaintiff,

against

First Street Car Wash & Lube, Defendant.



0256-20



Ralph Fleurantin

Plaintiff Pro Se

First Street Car Wash & Lube

Defendant Pro Se
Adam Seiden, J.

Plaintiff brought this small claims proceeding to recover three thousand eight

hundred dollars ($3,800.00) alleging negligence by defendant causing damage to his

car. On January 11, 2020, the plaintiff took his 2006 CLS 55 Mercedes to defendant's

car wash for cleaning. Plaintiff exited the car and one of defendant's employees got into the car to drive it to the start point where the washing process would mechanically

begin. Defendant's employee drove the vehicle down an incline and smashed the front

right fender and scraped the wheel area. Defendant's employee backed the car out of

the wash tunnel and delivered it back to plaintiff.

Plaintiff submitted two estimates for damage, one for $4,788.00 and the other for

$5,712.56.

Defendant argues that a sign is up explaining that the defendant's establishment

is "not responsible for any damages whatsoever" and the customer should "wash the

car at your own risk". Leaving aside whether this warning meets all standards for

waiver of liability, the Court finds it is inapplicable to the case at bar. The waiver is for

damages caused by the washing of the car and use of the mechanical process

(brushes, etc). It has nothing to do with defendant's employee negligently driving

plaintiff's car into the washing area. Plaintiff did not assume that risk. Schaivone v ARB Enters., Inc., 48 Misc 3d 141(A) (App Term 2nd Dept. 2015); Courtney v Vescio, 131 Misc 2d 381 (Oswego City Ct 1986).

Defendant's further claim that the plaintiff's estimates are too high, without

submitting any evidence to support that position. That argument is rejected as mere

speculation. See Farsakh v Town Sports Intl., LLC, 66 Misc 3d 1202(A) (Sup Ct NY Cty 2019); DerOhannesian v Bergman, 134 Misc 2d 540 (Albany City Ct 1987).

Judgment for plaintiff in the sum of $3,800.00. The value of the damaged car is

less than the cost of fixing the damage.

The above complies with the Court's statutory charge to do substantial justice

between the parties.

The above constitutes the decision and order of the Court.

Dated: June 4, 2021

Mount Vernon City Court

HON. ADAM SEIDEN

ASSOCIATE CITY JUDGE OF MOUNT VERNON