This is in response to Kwik Kar Lube & Oil rips off woman in Arlington Texas/report.
The crux of a libel or slander claim is a FALSE statement that damages a person's reputation.
If a defamation lawsuit is filed, various defenses are available to the defendant. The most important defense is that the defamatory statement was true, or at least substantially true. The principle behind this defense is that no one should be punished for speaking the truth, even if the truth is damaging to someone's reputation.
With the freedom-of-speech provision of the First Amendment to the U.S. Constitution as its guiding star, the U.S. Supreme Court has by now firmly established that in defamation cases:
The plaintiff must prove that the defendant was at fault in making the defamatory statement.
The plaintiff must prove that he or she sustained actual damages as a result of the defamatory statement.
Because I used the freedom of speech granted to me by the constitution, Kwik Kar (Owner Rich Hall) sent me a certified letter that threatened legal action if I did not remove my entry from this website and replace it with an apology. Can you believe the nerve? I am dissatisfied with the service I received from Kwik Kar Lube and Oil and the owner expects me to apologize to them? I think Kwik Kar owes ME an apology.
On 10/04/02, I took my vehicle into the Kwik kar to h ave my brakes inspected and repaired if needed. The mechanic, (I believe it was Chris), allegedly took off the rear brakes and put new ones on, and supposedly replaced the rear passenger caliper. On 10/09/02 I returned to Kwik kar because I heard a noise in the rear wheels. Supposedly, the caliper had come loose and was rubbing; Chris allegedly repaired it.
On 10/18/02, I took my car back because the caliper was still making the same noise, a "bad caliper" was diagnosed and a new caliper was ordered. Allegedly the parts could NOT be guaranteed, but supposedly the repair was made. I then took the car back to Kwik kar one week later because my brakes were still not working coerrectly. Coincidentally my master cylinder was not functioning either. I bought my own master cylinder (trying to save some money since this was getting very expensive for me) and Kwik Kar installed it. The car did okay for a couple of weeks, but then I started hearing the same noises again. I took the car back on 11/05/02. Rich told me that I now needed a power booster. Again, Kwik kar allegedly did the repair. After repeated trips to Kwik Kar, I no longer felt comfortable with their work or diagnostic capabilities. My brakes were still not working to my satisfaction, so I decided to take my car to a different garage/mechanic. The neww mechanic discovered a pin sticking on the caliper as the cause of the noise; the caliper itself was okay. He also found that the powerbooster Kwik Kar allegedly replaced was broken, so he replaced it. The new mechanic had my brakes working correctly in one visit.
*I feel I was taken advantage of at Kwik Kar. As a single mother with four children, I do not have any extra money. I spent several hundred dollars at Kwik Kar and was not satisfied with their service or the way they treated my family and I.
And they demand that I apologize to them. GOOD LUCK.
Dana
Arlington, Texas
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