Suda v. Scrub-A-Dub Auto Washing Centers, Inc.

This is an action under the Small Claims Procedure reported by the trial judge agreeable to G.L.c. 218, §23. The gist of the action sounds in tort for damages incurred by the plaintiff to repair scratches allegedly caused by an automatic car wash operated by the defendant and to repaint the vehicle. The damages were stipulated to be $1,133.25 plus costs of $19.00.

On January 24, 1991, plaintiff drove her 1987Toyota Corolla to the defendant’s car wash. After a partial prewash with a hand brush by an attendant employed by the defendant, the plaintiff paid the fee and drove her vehicle into the…