Car Owner Awarded Partial Compensation After Garage Mishandles Repair

Alon Mantin brought his 2011 Nissan Pathfinder to Manhattan Engines Import and Sales garage in April 2023 for an oil leak. The garage manager, Maazen Abdel Aziz, determined the gasket set needed replacement and suggested ordering them from abroad to save costs. Mantin paid 410 euros for the parts and left the vehicle for repair in May 2023.

Days later, Mantin discovered the engine had been removed. He claims the manager admitted an employee cracked the engine during work and promised a replacement. The garage countered that the crack was old and only discovered after the engine was dismantled and sent to a machinist. Extensive searches for a replacement engine, even in Dubai, proved unsuccessful. Mantin rejected a new engine offer costing around 80,000 shekels as uneconomical.

During the months-long process, the garage parked Mantin's car on the street, resulting in a 100 shekel parking ticket from the Ness Ziona municipality, which Mantin paid. In September 2023, the garage declared they had no engine, and their insurance company refused to pay. Mantin filed a lawsuit for 65,643 shekels in December 2023 and had the car towed from the garage that evening.

Upon retrieval, Mantin discovered the vehicle was completely stripped, with the engine, gearbox, turbo system, brakes, and other essential parts missing. The garage maintained that all removed parts were placed inside the car. A witness for Mantin described the car as "completely empty." An appraiser two days later declared the vehicle a total loss.

Senior Registrar Naama Press ruled that the burden of proof shifted to the garage, as the car was under their full control for months. She noted that a gasket repair culminating in engine loss suggests the garage did not exercise reasonable care. The garage's claim for an expert mechanic's opinion was rejected, as the engine itself was dismantled while at the garage and not returned to the owner. The garage failed to prove the crack predated the service, and its own manager admitted during cross-examination that bolts broke and a crack occurred during the work. The garage did not present the machinist or employees involved, nor any work documentation, leading the registrar to question the authenticity of their work log.

However, Mantin was assigned 30% contributory negligence for having the vehicle scrapped in March 2024 while the case was still open, preventing a full inspection. The court awarded Mantin 40,912 shekels for the vehicle's direct loss (valued at 45,052 shekels minus 4,140 shekels for salvage), plus 1,967 shekels for gaskets, 700 shekels for towing, 1,500 shekels for the appraisal, 100 shekels for the parking ticket, and 3,000 shekels for emotional distress. The garage was ordered to pay an additional 5,500 shekels in legal fees, 820 shekels in court fees, and witness fees, with a 7,500 shekel security deposit to be transferred to Mantin.