An attorney representing two defendants in a federal civil lawsuit today lodged an objection to an amended complaint that was filed last week in the case of a former classic car and auto repair shop and seeks its dismissal.
A response to the amended complaint filed on behalf of Pomp Boys Motors owner Vivian Pompliano against defendants Dennis Harvey and Vickie Evans, who were named in the new complaint, had not been filed as of this report.
But Rocky Mount attorney J. Nicholas Ellis, who is representing defendants Rose Beacham and L&R Motor Company, filed an objection to the amended complaint.
In the answer Ellis denied virtually all the contentions Pomp Boys attorney Abraham Rubert-Schewel made in the amended complaint.
“The defendants plead as a defense that the claims asserted against them in the amended complaint should be dismissed as invoices say all disputes between the parties shall be resolved through arbitration and plaintiffs have not instituted any arbitration as to (Beacham/L&R),” the answer says. “(The) defendants do understand other claims made by plaintiffs against other parties have been placed in arbitration to resolve and if this case is not dismissed against (Beacham/L&R) then plaintiffs claims should be sent to arbitration with other similar claims asserted by plaintiffs.”
At issue in the Beacham/L&R case is Beacham, a woman more than 80 who in April of 2021 arranged for a 1969 Ford Galaxie to be driven to Pomp Boys for repair estimates.
Beacham spoke with Pompliano about needing an estimate before any work was done.
An earlier response in the case says Pomp Boys would not provide Beacham with an estimate and charged her $137.76 to look at the car. An invoice dated May 26, 2021 was sent to the woman.
Pomp Boys had sent emails to Beacham on July 28, 2021 purportedly sending her an estimate on the cost of work on the Galaxie. Beacham nor LMRC approved the estimate or agreed to the work described in the estimate at the cost stated in the document.
On or about August 11, 2021, Beacham and another person went to pick up the Galaxie and remove it from Pomp Boys.
Pomp Boys, according to the earlier response, would not allow the Galaxie to be removed from the premises and Pompliano gave the defendants an invoice dated August 11, 2021 for work purportedly done to the car at a cost of $17,101.23. Pompliano and Pomp Boys then gave the defendants another invoice dated August 11, 2021 that totaled $31,329.40 for work done on the Galaxie.
The earlier response says the defendants never authorized nor approved the work done and made arrangements for a third party to go to Pomp Boys and pick up the car.
Pomp Boys refused to allow the third party to take the car unless a payment of $17,101.23 was made and that a settlement was signed saying the defendants were satisfied with the work.
The response claims that while under duress and wanting to take possession of the Galaxie, L&R gave a check dated October 4, 2021 in the amount of $17,101.23 to Pomp Boys to get possession of the car.
Pomp Boys would not release possession of the Galaxie until the check was cashed and upon cashing it, the defendants were allowed to remove the vehicle from Pomp Boys, according to the response.
The original complaint centers on Pompliano saying the demise of her business was due to harassment by the Roanoke Rapids Police Department.
