Dec. 09--After he said he was rear-ended at a suburban carwash, a retired Oak Brook man has filed a lawsuit to try to clean up the business. But the owner of Jet Brite Car Wash said the claim lacks steam.
In the suit, William Masalas alleged his Lexus was in the midst of an upgraded $10 carwash several months ago at the Villa Park location when a Nissan Xterra behind him "became disengaged from the track and violently collided" with him.
Besides damage to his luxury car, the 74-year-old Masalas said he suffered injury to his shoulder, back and knees. No tickets were issued after the March 6 accident, which occurred on private property off bustling Roosevelt Road.
The lawsuit, filed last month in DuPage County, alleged "similar collisions" have resulted there due to the carwash operator's negligence. The litigation seeks more than $50,000 in damages.
Owner Dave Dalesandro defended his business. He noted motorists move through a carwash at a rate of less than half of one mile an hour. At that slow pace, he said, physical injuries similar to those alleged in the lawsuit would be impossible.
"I can't speak specifically about this incident, but we are frequently the victims of fraudulent claims," said Dalesandro, whose small chain of locally owned carwashes is about to expand to a fifth location. "We have video (surveillance) protection and are confident this is not a suit that has any merit."
Dalesandro said when damage is caused as the result of equipment malfunction or employee negligence, the company takes care of the problem promptly for its customers.
Masalas declined to comment, but attorney Ronald Broida said his client's injuries required medical attention.
"No good deed goes unpunished," Broida said. "He's a nice guy who's just trying to get his car washed. He's sitting in his car, and he gets slammed from behind."
A review of DuPage County circuit clerk records showed Masalas reached a confidential settlement in a 2012 lawsuit in which he alleged his vehicle was struck in a suburban underground car garage.
The latest lawsuit against the carwash also named the other motorist, Laurie Soukup, as a defendant. Both motorists have clean driving histories, according to secretary of state and circuit clerk records.
Soukup, a 56-year-old nurse, said her Nissan did not become "disengaged" from the track as alleged. Soukup said she is not sure what caused the mishap, but the collision was "a little bump" that did not cause any damage to her car and left "two scratches" on his Lexus.
"I wish this would go to court because I'd like to see the judge's face when he listens to this," she said. "It's so stupid. It's one of the stupidest things to ever happen to me."
cmgutowski@tribpub.com
Twitter @christygutowsk1
