Kyle Barnett Apr. 2, 2015, 3:03pm


GRETNA – A Sears auto center is being sued for allegedly not putting all of a customer's lug nuts back on after replacing tires, later resulting in one of the wheels falling off the car and injuries to the vehicle’s occupants.

Patricia Herrero, Kristen Herrero Ortez and Esperanza Herrero filed suit against Sears, Roebuck and Co.; Sears Auto Center; Josh Achee and an unknown employee in the 24th Judicial District Court on Feb. 12.

The plaintiffs contend that on June 30, 2014 Patricia Herrero had her 1996 Toyota Avalon serviced at the Sears Auto Center located at 197.5 Westbank Expresssay in Gretna where all four tires were replaced on the vehicle, which was also aligned. On July 6, 2014 Patricia Herrero asserts she had only driven her car a few miles with her daughter Kristen Herrero Ortez and mother Esperanza Herrero when the rear left tire came off the vehicle causing her to lose control of the car.

The plaintiffs claim a mechanic who was following close behind them picked up their tire and found only one lug nut had been holding the tire on and it had been loose. Further, when the mechanic inspected the three other tires he allegedly found each were missing a lug nut.

The plaintiffs allege they were all injured in the incident.

The defendant is accused of negligence, breach of duty, breach of contract and violation of state law.

An unspecified amount in damages is sought for emotional distress, property damage to vehicle, pain and suffering, disability, medical expenses, loss of enjoyment of life and impairment of hearing capacity.

The plaintiffs are represented by attorney Richard J. Fernandez of Metairie.

The case has been assigned to Division G Judge E. Adrian Adams.

Case no. 746-724.

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