Auto Repair Man Sues Customer for Repair Bill Results in Customer Filing
Counterclaims for Damage & Loss of Use of Auto Jury Awards over $300,000 to Customer

Auto Repair Man Sues Customer for Repair Bill – Results in Customer Filing Counterclaims for Damage & Loss of Use of Auto

Jury Verdict:

$60,000 – Damage to Auto & Loss of Use (Auto Valued at $20,000)

$17,000 – Award of Attorneys’ Fees

$250,000 – Punitive Damages

$327,000.00

Brief Statement of Claim:

Auto repair sole proprietorship claiming to be a "pure trust" filed action and claimed materialman and possessory lien for repairs to auto; consumer counterclaimed for unlawful repair charges and lien fees, unfair and deceptive trade practices and punitive damages; Judgment on counterclaim of $20,000 trebled to $60,000 and attorneys’ fees of $17,000; Jury verdict of $350,000 on punitive damage claim reduced to $250,000; Fraudulent Deeds of Trust and transfer of assets to "Pure Trusts"; consumer/creditor put Plaintiff/debtor into Involuntary Bankruptcy; Trustee appointed; Fraudulent Deeds of Trusts and transfers to be set aside and sale of assets by trustee; Settlement of $360,000.

Principal Injuries:

Damage to auto and loss of use for over one year while Plaintiff held the auto of $20,000.00 (trebled) to $60,000.00 and award of attorney fees of $17,000.00; punitive damage verdict of $350,000.00 reduced to $250,000.00

Trial or Settlement:

Partial Summary Judgment and trial in District Court and settlement in Bankruptcy Court.

County where Tried or Settled:

Mecklenburg

Case Name and Number:

Burton v.Hobbs, 00-CVD-5450 (Mecklenburg County); In re: Burton, 02-3259 (W.D.N.C.)

Date Concluded:

May, 2004

Insurance Carriers:

N/A

Attorneys for Defendant Beverly Hobb:

Thomas L. Odom Jr., The Odom Firm, PLLC of Charlotte.