CBS 5 Investigates With Anna Werner

FREMONT (CBS 5) ― Can a simple oil change cause a car engine to blow up? That's what one South Bay viewer claims. But when you're going up against one of the country's biggest corporations, it's an accusation that's hard to prove.

Wal-Mart's automotive repair shop in Fremont has good deals, said Jody Santucci - that's why she took her car there for an oil change in April. "It was convenient and inexpensive, it was right across the street from work," she said.

But after 15 minutes after picking up her 2002 Honda, she said: "My car started shimmying, like shaking. The steering wheel, and I am like something is not right."

Santucci said she took the car right back and asked to speak to the manager. "He says I am going to take it into service and take a look. So he drives it in there and about 15-20 minutes later comes out and says well you were down about half a quart of oil," she said.

But Santucci said her car kept on running rough. When she took it to the Honda dealership a few weeks later to have it checked out, a report from the dealership shows their diagnostic tests found damage to a cylinder from "lack of lubrication." Santucci's conclusion? "They didn't put oil in the car. They didn't do what they said they would do," she said.

But Wal-Mart denied her claim, saying the service was done properly and oil was put in. So, she decided to take her complaint to the state agency that regulates automotive repair shops, California's Bureau of Automotive Repair. Santucci got another surprise. "Wal-Mart is not under Consumer Affairs. They are not licensed with the State of California to do mechanical repairs," she said.

In fact, they don't have to be. Why? Because under the state's regulations, places that perform only automotive services such as oil or tire changes are not required to be licensed by the state, because the services are considered "minor."

But Santucci said her experience at Wal-Mart wasn't minor. She said, "All the money I am paying on it and I put into it, now its damaged, I can't drive it now, no engine, all because of an oil change from Wal-Mart. It makes me upset."

A Wal-Mart spokeswoman told CBS 5 Investigates she "can't speculate on California's regulations." But she said in this case it's not an issue anyway: She claims "services were performed properly and oil was put in (Santucci's) car," and the company has videotape to prove it.

The company told Santucci that as well. But she asked them: "Which time, the first time when I had the oil change or the second time 20 minutes later when I brought it back and you 'really' put oil in my car?"

When CBS 5 Investigates put that question to Wal-Mart's spokeswoman, she said their video evidence "doesn't reflect that situation" of Santucci being there twice that day.

So what about Wal-Mart's claim that they are not responsible for the damage? CBS 5 Investigates wanted to get an opinion from an independent expert. So we asked Jim Baum, an instructor of automotive mechanics at Chabot College with 30 years experience to take a look at Santucci's engine.

Right away he ruled out an oil leak. But he noted a warped cylinder: "There was no oil there to cool it so the valve got too hot," he commented. He said the cylinders tell a story and his conclusion: "I think they must have forgot to put the oil in."

CBS 5 Investigates asked him if it was that clear to him. His response: "Yeah its pretty cut and dry. No mystery. All the evidence is pointing that way."

But Wal-Mart isn't budging, and with no help from the state, Santucci now plans to go it alone, in small claims court. "It's scary to go up against a big company. They have the power behind them and the money to fight you every step of the way," Santucci said.

But she says she's ready. "Mistakes happen. That's life. But fix them when you're wrong. Fix my car and I will go away. But no, if you want to play games, I'm not playing games."

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