Roanoke towing company settles dispute over car for $120,000
By Neil Harvey
[email protected] 981-3376 27 min ago
A settlement has been reached in a legal dispute involving a Roanoke towing company that was
previously ordered to turn over $160,000 to a family whose car it towed and then sold. ... Robert Youngs Auto and Truck Inc. will now pay $120,000 to Dena and Jay Hughes of North Carolina, resolving the issue, according to Jason Whiting, the Roanoke attorney who represents the Hugheses. ... In the wake of that agreement, Robert Youngs has withdrawn its petition to appeal the case to the state supreme court, and Whiting said the company will return to the Hugheses the 2005 Honda S-2000 that was at the center of the dispute.
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Court papers show the Hugheses were later told by the company that the car had been sold to an out-of-state buyer, but they were advised they could have it back for just over $4,800, a sum that reportedly represented the fees for towing, storage and auction.
The Hugheses filed suit instead and, in December, a Roanoke Circuit Court judge ruled that Robert Youngs had violated the Virginia Consumer Protection Act. The judge determined that the towing company had actually purchased the Honda from itself for $200, had failed to post proper notices about the auction, and had inflated the fees it sought by about $2,000.
While the National Automobile Dealers Association guide listed the rough trade-in amount of the Honda at $9,300, state code stipulates that victims of willful violations of the Consumer Protection Act are entitled to triple damages, and the judge set the amount the Hugheses were owed at $27,900, plus interest from the date of the trial. ... The judge also ruled that Whitings firm, Johnson, Ayers & Matthews, should be paid about $130,000 in attorneys' fees. Whiting said the $40,000 difference in the settlement amount was taken from that portion of the award.
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Neil Harvey covers state courts in Franklin County and the cities of Roanoke and Salem. He has written for The Roanoke Times since 2001.