The attorney representing the owner of the former Pomp Boys Motors filed a notice of voluntary dismissal of all claims against two defendants in a civil lawsuit.
No explanation of the reason for dismissal of the claims filed last week against Vickie Evans and Dennis Harvey was contained in the federal court record, only that the claims against the two were dismissed without prejudice.
An email seeking further comment from the attorney representing Vivian Pompliano was not immediately answered.
There were also no documents from the court filed in the electronic court record.
The Evans case
Evans was named as a defendant in the suit because her late husband brought his vehicle for service at Pomp Boys. After the work was completed, Mr. Evans offered to sell his vehicle to Pomp Boys but asked to leave the car at the shop until he could return with the title.
Mr. Evans was informed that storing his vehicle would cost $35 a day.
According to the initial complaint filed in the United States Eastern District of North Carolina Court in July of last year, the information was also posted at Pomp Boys’ facility and on Mr. Evans’ invoice.
Mr. Evans knew of, and agreed to, these costs, the initial lawsuit said, and for the next several months, Mr. Evans was in and out of the hospital, but requested that Pomp Boys keep storing his vehicle, that he was not abandoning it, and he would return with the title.
In January 2022, Mrs. Evans called Pompliano to tell her that Mr. Evans had passed away. She told Pompliano that she was going to come to pick up her husband’s vehicle.
However, she refused to pay the outstanding bill for storage fees.
The Harvey case
Harvey took his vehicle to Pomp Boys and agreed to pay an estimated amount to service his vehicle and for any accumulated storage fees.
Harvey was notified the work on his vehicle was complete but he was unable to pay the cost for service.
Harvey began to accrue storage fees and contacted the DMV which attempted to negotiate a resolution.
Pomp Boys agreed to waive all storage fees if Harvey would pay the cost for service.
Harvey refused.
Pomp Boys, at the advice and instruction from the DMV, initiated the lien and sale process — again, its only recourse, the lawsuit said.
Harvey was represented by counsel for the lien dispute.
Basis of lawsuit
The lawsuit charges that three officers within the Roanoke Rapids Police Department exercised extreme misconduct which contributed to the demise of the business and says that through a repeated pattern of harassment, threats and eventually false criminal charges, the intent of the officers was to protect the financial interests of local mechanics and car shop owners through retaliation for the plaintiff’s constitutionally protected speech and actions.
The city of Roanoke Rapids; former officer Jamie Lee Hardy, and officers Antonio Seward, and Jayme Shelburne in their individual and official capacities; Rose Beacham in her individual capacity; and L&R Motor Company remain defendants in the lawsuit.
