Internet Explorer 11 is no longer supported. Lieutenant Theiss had placed a “for sale” sign in the Interceptor's window, containing his telephone number but not an asking price. Stay up-to-date with FindLaw's newsletter for legal professionals. Under the majority's logic, the circumstantial evidence of fraud in this case must be disregarded in the face of the alleged wrongdoers' claim that they did not commit fraud. In episode one, Dan and his crew restored a 1963 Chevrolet Corvette and a Ford Model A hot rod, marking the show as a huge success. First off, I love cars and bikes and I have done restorations myself in the past. Favorite Quotes. In many ways, she’s the “guy (or gal) behind the guy” for complex operations at FantomWorks.Recently retired from the US Navy as a Commander, she gets to enjoy a second career at FantomWorks. Ragland v. Rutledge, 234 Va. 216, 219, 361 S.E.2d 133, 135 (1987) (citations omitted). The record further demonstrates that, at 10:51 A.M. on July 13, 2012, Mr. Short* responded to the advertisement via email. OPINION BY Senior Justice CHARLES S. RUSSELL. FantomWorks (TV Series 2013–2019) cast and crew credits, including actors, actresses, directors, writers and more. A restoration shop run by a team of colorful and charismatic characters use their impressive skills and experience to restore, trade and sell classic cars - transforming piles of rust into collectible car treasures. By a check signed by Mrs. Owens, the plaintiffs paid the defendants $15,000 as an initial deposit. As a former test pilot, Dan Short hopes that FantomWorks will become a classic car restoration shop that runs with military precision. Although the majority states that it reviewed the evidence in the light most favorable to the plaintiffs, it fails to give the appropriate weight to the circumstantial evidence. Things aren’t always smooth, but the crew gets the job done.. Due to the FantomWorks TV show's popularity, they gained a lot of fans, some of which happen to be celebrities. The VCPA clearly does not require the consumer to prove in every case that misrepresentations were made knowingly or with the intent to deceive, because of its additional provision that damages may be trebled, but only in cases where the court finds that the violation was “willful.” Code § 59.1–204(A). See how this local business broke big on the Velocity Channel. The first and second assignments of error present questions of law. On appeal, we review such questions de novo. v. McDevitt Street Bovis, Inc., 255 Va. 553, 557, 507 S.E.2d 344, 346 (1998). Bobby was given 1-6 months to live . American Restoration follows the best restoration shops in the United States as they restore pieces of America's history and create awe-inspiring works from vintage items including classic cars, rare antiques and one-of-a-kind bikes. The Impala is one step away from the junkyard and a mistake in the shop takes the restoration of the Bel Air further ... 1965 Cadillac DeVille and 1984 Monte Carlo. 3. People trick unsuspecting car owners into thinking their car was towed and instead fix them up. Before either party had made any detailed inspection of the car, Mr. Owens told Mr. Short that he wanted DRS to install a reliable fuel-injected engine, a modern suspension, and new brakes. The email address cannot be subscribed. Title: We endeavor to provide superior quality craftsmanship, old fashioned customer service, and complete up front honesty. Some which got certain guys either fired or forced them to take the road. Chronicling the a car-customizing shop in Corona, Cal., and their clients' project vehicles. Therefore, I must respectfully dissent. It doesn't look like the crew will be slowing down any time soon, even though the show is coming to an end. God Bless Dan and Fantomworks. If an unwritten contract existed between the parties, the jury, after hearing all the evidence, found that the defendants had not breached it. The plaintiffs selected DRS Automotive Fantomworks, Inc., a business in Norfolk, and its owner, Daniel R. Short (the defendants), to do the work. Dan and the team take on a 1965 Cadillac DeVille and a 1984 Chevrolet Monte Carlo. The plaintiffs testified, and the defendants denied, that Mr. Short told them that such a donor car could be purchased at auction for “a few thousand dollars” which they believed meant $2,000 to $3,000. Counsel agreed on an arrangement to return these items to the plaintiffs. Stevens 320 20 Gauge Accessories, This category only includes cookies that ensures basic functionalities and security features of the website. You may have seen me on our reality TV show FantomWorks! FOOTNOTE. Weddle v. Draper, 204 Va. 319, 322, 130 S.E.2d 462, 465 (1963) (emphasis added). Copyright © 2020, Thomson Reuters. Both showed a sales price of $6,000. Mr. Short advised the plaintiffs that the most economical way to find a replacement engine would be to purchase a “donor car” that contained a compatible engine with low mileage. During the next two months, Mr. Owens made frequent visits to DRS shop to discuss the continuing work and made a number of requests for additional work. Common law fraud consists of (1) a false representation, (2) of a material fact, (3) made intentionally and knowingly, (4) with intent to mislead, (5) reliance thereon by the party misled, and (6) resulting damage to the party misled. In granting the motion to strike, the circuit court commented that there had been no proof of fraud because the plaintiffs' complaint expressed all allegations of VCPA violations in terms of the elements of common law fraud. Edd China (and in later... See full summary », These guys cruise for the classics. After receiving this list, Mr. Owens delivered the plaintiffs' second check for $15,000 to Mr. Short. Such a holding ignores this Court's long recognition that “it is not necessary that fraud be proved by direct and positive evidence. The car had been damaged in an accident but its engine and drivetrain were intact. 727, 728 (1930). Meet self-described petrol-sexual motorhead Richard Rawlings and mechanical prodigy Aaron Kaufmann as they search far-flung corners of the country for ... See full summary ». The Interceptor had been titled in Florida. 1. Bobby has his burial plot in Little Rock next to his deceased wife. 2:611(c) (providing that “[l]eading questions should not be used on the direct examination of a witness except as may be permitted by the court in its discretion to allow a party to develop the testimony” and that “[w]henever a party calls a hostile witness, an adverse party, a witness having an adverse interest, or a witness proving adverse, interrogation may be by leading questions”). v. DRS AUTOMOTIVE FANTOMWORKS, INC., et al. As a former test pilot, Dan Short hopes that FantomWorks will become a classic car restoration shop that runs with military precision. With regard to the second and third assignments of error, I agree with the majority's legal analysis, but I ultimately disagree with the conclusion the majority reaches. We therefore hold that the court did not usurp the function of the jury. During this time, the plaintiffs made no objection to the $6,000 price paid for the Interceptor. 2. Mrs. Owens testified that she did not care what kind of an engine would be provided as long as it was “reliable.”. The car needed extensive repairs and restoration. While the majority rests its opinion on the basis that the testimony was uncontradicted, it gives no weight to the fact that the jury could have found that the testimony was unreasonable in light of the fact that Mr. Short paid three times more for the Interceptor than Lt. Thiess advertised. We do not construe the court's words to constitute a ruling that all claims under the VCPA must be supported by proof of fraud. Rather, viewed in the light most favorable to the plaintiffs, circumstantial evidence establishes that Mr. Short and DRS purchased the Interceptor for only $2,000. The second assignment of error asserts that the court erred in holding that a violation of the VCPA requires proof of fraud. The only witnesses who had any knowledge of the transaction were Mr. Short and Lt. Theiss. Muscle cars made FantomWorks what it is today. FantomWorks In July 2012, Virginia Beach residents Richard L. Owens, Sr. and his wife Cynthia M. Owens (the plaintiffs) shipped to Virginia a 1960 Ford Thunderbird they purchased in Rhode Island for $11,500. Filmed ... See full summary ». FantomWorks takes on a 1964 Chevrolet Impala and a 1957 Chevrolet Bel Air Wagon. If these were misrepresentations, the plaintiffs offered no evidence of any loss they suffered from reliance upon them. The curious patriotic angle is a bit off putting for non-American viewers and not really relevant other than perhaps being useful as an excuse for poor workmanship (don't criticise my work or you are criticising America? The detinue count claimed a right to recover the Thunderbird and the Interceptor. The plaintiffs also argue that the defendants violated the VCPA by misrepresentations concerning whether the donor car would be purchased at an auction, whether its engine would be “certified” (the term was never defined),5 and Mr. Short's “certifications in multiple automotive restoration fields.”. ), Applying those principles to the present case, it is apparent, as stated above, that the plaintiffs failed to produce evidence of misrepresentations concerning the purchase price of the Interceptor, the donor car. Instead, Mr. Short testified that the Interceptor had come to his attention because someone gave him Lt. Theiss' telephone number. FantomWorks featured numerous cars over the years, and each episode often covered multiple cars. Those tense moments, arguments, close calls, and rushed deadlines were all completely real. Bobby … The parties never entered into a written contract. In my opinion, when all of the circumstantial evidence is properly considered, it is more than sufficient to allow the jury to decide the issue. We therefore examine the state of the evidence before the court at the close of the plaintiffs' case. The crucial issue at that stage was whether the defendants had paid $6,000 for the Interceptor as they contended, or a lesser price, as the plaintiffs contended. At 11:03 A.M., exactly twelve minutes later, Lt. Thiess called DRS. No favorite quotes to show; Photos +16. For the reasons stated, we find that the evidence on the VCPA claim was insufficient to go to the jury and we find no error in the rulings of the circuit court. As noted, both witnesses were called by the plaintiff. The plaintiff bears the burden of proving these elements by clear and convincing evidence. Mr. Short's testimony as to the price of the Interceptor was uncontradicted and the plaintiffs are bound by it. These gals and guy run a custom auto body shop like no other. FantomWorks Owner Dan Short (Photo: Velocity) Velocity TV’s FantomWorks has been doing great on TV and fans simply love how veteran Dan Short runs his shop! Mike scours the Internet and local trade rags for bargain-priced modern classics needing attention. Such a “donor car” could sometimes be purchased at auction at a low price and could provide many other replacement parts at much lower cost than parts purchased at retail. I am still saving up for this undertaking. Both parties signed the recorded transfer at the bottom of the certificate.1. He responded in writing that the defendants would suspend work on the project until the issues between the parties were resolved. View production, box office, & company info, December TV Calendar: Series Return and Premiere Dates. The court denied the motion and instructed the jury as to the count for breach of contract. Therefore, we agree with the plaintiffs' argument that the VCPA's proscription of conduct by suppliers in consumer transactions extends considerably beyond fraud. Accordingly, I would reverse the trial court and remand for further proceedings below. Directed by (12) Writing credits (2) Cast (22) Produced by (56) Music by (1) Cinematography by (4) Film Editing by (22) Production Management (5) Second Unit Director or Assistant Director (17) Art Department (2) Sound Department (15)
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