He is wasting his time. First thing to prove is why he got the wrong fluid. Did the customer do his own homework? He should have an owner's manual to tell him what fluid to use. Fluid requirement should also be stamped into the dipstick. I know that it is on Ford products. Second, he would need to PROVE that the fluid he used actually CAUSED the damage. Not an easy thing to prove.
While the wrong fluid can shorten the life of a transmission, the effects of using the wrong fluid will take some time to manifest themselves.
As to engine "issues," in my mind, there are only four basic "issues" that I can figure: 1) noises/knocking 2) oil consumption or smoking 3) Leaking 4) compression or drivability issues.
Engine noises are generally internal, and should be covered under a warranty. Oil consumption is a definite cause for concern. An engine sold as being rebuilt should not use oil. Most leakage comes from assembly/installation problems. If you buy a short block, do not expect a warranty on the head gaskets! If you buy a long block, there can still be issues with the installation of the parts from the old engine - like manifolds, oil pan, and valve covers. Unless a person buys a COMPLETE engine, there will be more issues with installation that with the engine itself. Again, not easy to prove who is at fault.
My advice is to tell the guy to put on his big boy underpants, take the blame for his own shortcomings, and leave the lawyers and government out of it.
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Today's Featured Article - Gatherin of the Orange - by Rick Nikolich. In July of 1998 I was talking to fellow Allis Chalmers collector Mike Schilling about the annual "Gathering of The Orange" AC show coming up in August of 1999. He got this wild idea that we should get a convoy of AC tractors and drive them from Charlotte, Michigan 105 miles to LaGrange, Indiana.
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