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Originally Posted by Gordon Monsen
Well, the trial is over and I (and the net...) have won convincingly. I thought I 'd make a few comments that I am (now) fairly sure I can make without any fear of consequence... I paid for this right well into six figures and fortunately the courts will have Mr. Farrell repay me the expense. This will be a very large sum of money even should the judge reduce it somewhat.
Soooo. First, we did not just win, we crushed him (Farrell/PFS). The jury rightfully determined that every one of Peter's claims was wholly unfounded, and then went on to award every single one of our counterclaims in a UNANIMOUS verdict. In total the jury was presented with 10 questions to deliberate. The final score: Monsen 10 Farrell 0. the jury found that Mr. Farrell defrauded me.
The jury found that Mr. Farrell breached his contract to upgrade my car. And the jury found that he violated the Virginia Consumer Protection Act in his dealings with me. Our victory will be
permanent and far reaching, despite any hopes to the contrary. It may also have an effect on the remaining lawsuits that Mr. Farrell has still outstanding against his former employees, John Duff
and Debra Singleton. These people regardless of other, exogenous issues that may or may not exist, have been relentlessly pursued by their former employer and have few financial resources to combat what I believe is an "abuse of process". (One of my attorneys has suggested he might defend them pro bono and will be contacting them in that regard) This is not the last chapter we intend to write either. We believe Peter misused the legal process to attempt to intimidate and out muscle those that were brave enough to criticize his practices. Mr. Farrell has caused me and my family incredible hardship over the past year. Mr. Farrell threatened me and then sued me. He told my attorney that he would take my cars from me and other possessions, if I didn't have the money to pay him. We couldn't bring this suit until we won the other two suits. We have and now we will. And we should prevail. If we succeed in this suit, it will add further damages to the pile we have already accumulated. It is of note that the damages and fees were awarded against BOTH Peter Farrell Supercars and Peter Farrell personally (though Farrell's attorney spent most of his closing arguments trying to separate Mr. Farrell personally from his company).
Second, I want to thank my attorneys, Phil Desfosses of Desfosses Law Associates in New Hampshire, and Chip Purcell, my required Virginia state counsel, of William, Mullins, Clark, & Dobbins,
Washington, DC, and indirectly, Paul Emerick, of the Hudgins Law Firm, Alexandria, Va. I would like to thank Phil's son Alfie for assisting in gathering information and arranging for witnesses. And, I would like to thank Chris Carlisi for researching the case law, drafting several motions, and putting up with all my bullshit. All played a role in the success of this year long effort. However, as all the counsel involved would readily attest, it was Phil Desfosses who WAS the litigator. He directed the research, depositions, hearings, and trial strategies. And, he was brilliant in court.
Needless to say his conduct was of a much higher character than Peter's attorney who seemed more adept at name calling and slinging petty insults than applying the law. Some of his more
amusing or pathetic "points" include accusations that I have a drinking problem (in AA for 13 years suggests I do have a problem), that "people who know [me] don't like me," and my personal favorite, that I acted with treachery comparable to Al Quaida.
As for our future plans (my attorneys and I have become close), I have no idea what Farrell may be doing, but MY attorney is taking a vacation to Alaska and his staff is working on our abuse of
process suit. I have always thought Farrell himself did a lot of this work (and am pleased he has). He may be working on a motion right now to avoid or negate the inevitable payment of the
awarded monies. Meanwhile, I expect that his attorney is the only winner on his side, assuming his attorney has been paid. I would not want to be his attorney, if he has not been paid to date.
And, this is to Peter Farrell. Peter, when we met at the last deposition (Dave Barninger), I told you that you should drop the suits, because they exposed you to so much harm, both monetary and reputational. I told you that even if you won some claim or other, that, if I won any of the fraud, breach of contract, or violation of the Virginia consumer protection act, it would devastate your ability to be in the car business, because I had said I would publish the (public) jury's findings on every Internet forum available to me. You laughed me off and said you had already spent too much in legal fees to drop the case. That was not a sound course of action. Not only has your reputation been irrevocably damaged, you must now pay me a great deal of money. Pay the awards and get on with your life or don't pay and continue this costly effort and risk more damages.
Mr. lane says "these guys fight hard" and he is right. But, as the "highlander" tradition has it, "there can only be one" and I have "taken his head". This is all over but the shouting. I have no
further interest and little involvement. This is cleanup. There is no battle any more. I have won, but, more importantly, our little community online has re-won the right we have always had to
speak our minds freely and without fear of reprisal from those whose work or products are shoddy.
gordon monsen
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