Newspaper Page Text
Powell Explains Reason
For Appealing Decision
By KAY ABBOTT
Staff Writer
*
~ Chattooga County Commis
sioner Harry Powell said he ap
pealed a magistrate's order
that the county pay a Teloga
body shop owner ?or work done
on county cars because he
hasn't receive an explanation
why other county cars had
been “'dismantled.”
The commissioner’'s com
ments were made last Thurs
day during a rambling inter
view after a bid opening on new
county trucks.
The News reported last
week that Albert galmour Jl.
one of the commissioner’s at
torneys, had filed a notice of
appeal of the magistrate’s rul
ing with the county clerk of
court.
STATE COURT
The a?peal would go to the
next level of court, Chattooga
State Court.
Judge Albert C. Kirby of
Floyd County on Aug. 27
ordered Powell to pay Larry
Wesson of Wesson's Bod
Shop a total of $2,083 for worK
done on three county cars and
for storage of a county vehicle.
Wesson impounded one car
because the county had failed
to pay him for the work.
Powell wrote Wesson on
Sept. 15 that he would settle
the matter for $1,604.50 but
would not pay any storage
costs, although he was ordered
to do so by Kirby. If his offer
was not accepted},, Powell said,
he would appeal Kirby's order
to a higher court.
Wesson didn’t respond to
Powell. The body shop owner
said this week that he planned
to pursue the case ‘as far as
necessary to seek payment for
the wori he had done, in
cluding storage costs.
David Daniel of WGTA
Radio asked Powell last week
why he had decided to appeal
the case.
CONTRADICTION?
“T would have to show you
the decision that Judge Kirby
made and he contradicted
himself in two places on his
answer,”’ Powell replied. ‘“You
see, he kept it 15 J)ays. When
he finally set it back he first
said, if there was any confusion
or any dispute concerning this
bid or this transaction, that
there would be no storage, then
he turned right around and
charged the county half of the
storage. That was one of the
points and I've forgotten the
other. I'll look it up for you
then right away. That is the
reason why we turned it down
there.”
The hearing on Wesson's
lawsuit against the county was
held by l%irby on Aug. 12 and
he gave attorneys for both
sides in the case up to 15 days
to submit written griefs before
he handed down his ruling. Kir
by's order was signed on Aug.
217.
After ordering Powell to
pay Wesson for body work
done on three sheriff’s depart
ment vehicles, Kirby said ‘‘the
matter of storage charges gives
rise to another issue within the
overall claim by (Wesson) . . . "
“AMBIGUOUS”
Referring to a section of law
Kirby said fealt with the issue,
the judge said it seemed
‘“somewhat ambiguous in its
construction; however, the last
sentence in this subsection
states, ‘nor shall the storage
fee be charged if there is a bona
fide dispute between the
customer and the mechanic as
to the manner of repair or the
charges for repair.’ There is no
dispute with regards to repair
charges, but when one con
siders the manner of repair, the
question arises as to the con
notation of the word manner.
Does it embrace authorization,
MIKE
RENTS
B WASHERS
Shamblin Hardware
RN
We Buy Standing Pine & Hardwood Timber
~ T. Fondren Wright
G (404) 734-3209
P. O. Box 271 (404) 734-2554
Trion, Georgia 30753 (404) 734-3661
etc.? It is the opinion of this
court that the essence of this
code section is found in the key
word, ‘dispute.’ The court feels
that to some degree (Wesson)
was a participant in the dispute
that resulteg in his initiating
storage, and therefore, in
fairness to the county, must
compromise on the question of
storage.” Kirby went on to
order Powell to pay Wesson
$435, or half the amount
Wesson had charged the coun
ty for storage.
NO EXPLANATION
‘‘Another reaseon that we
had in our mind was there has
been no explanation yet as to
why the cars were dismantled
at the work camp that show for
themselves up there,” Powell
said last week, ‘‘and Mr.
Wesson did not show any parts
that he had bought to require
four doors to be taken &f of
another car, so there's no, uh,
repair that would require four
doors off of one, two to four off
of the other one and Judge Kir
by did not understand t%\e full
point of that particular thing
there because we were com
plaininiwhy that these things
were taken off of those cars up
at Brimp Warren Ford place, at
that time. They changed names
since then: I'll put it the ford
place instead of Brimp War
ren.”
During the Aug. 12 hearing,
officials of Ramsey-Hall Ford
(formerly Brimp Warren Ford)
testified that mechanical parts
off inoperable sheriff’s patrol
cars were used to keep other
patrol cars running. Wesson
also testified that he had used
body parts off the disabled
sheriff’s cars to repair wrecked
or damaged patroPcars to keep
them on the road.
Commissioner Powell, in his
Sept. 15 letter to Wesson,
repeated his assertion that he
had given Carlton Vines,
Wesson's attorney, a check for
SI,OOO earlier this year to set
tle the year-long case. Some
SBOO of that amount was to go
to Wesson, Powell wrote, and
the rest was to go to Vines for
his attorney’s fee.
DEADLINE?
The commissioner said
again that Wesson was suppos
ed to deliver the car to the
county works camp by 5 p.m.
that day but when it wasn’t
delivered by the third day, he
stopped payment on the cl);eck.
Wesson said at the time that
there was no understanding
that the vehicle would be
delivered the same day the
check was received by Vines.
The body shop owner said then
that he %ad (fecided to accept
Powell’'s offer although it
would not have paid the coun
ty’s bill in full. At the time, he
just wanted to end the case,
said Wesson. However,
Wesson said this week that he
intends to seek payment in full
for his work, plus storage and
rhaps interest charges on the
gfl]. He also indicated that he
is considering legal action
against Powel% for damage to
Wesson's reputation caused by
the dispute.
The case goes back more
than a {ear. Sheriff Gary
McConnell bought the 1983
Crown Victoria at issue in the
dispute from the state of
Georgia for $2,500 in the
spring, 1986. It was wrecked a
few weeks later and repaired by
Wesson. Only a short time
later, the vehicle was wrecked
for a second time and Wesson
again repaired the body
damage, Powell paid the body
shop owner for one of the repair
jobs but not the other.
PAINTED CARS
Powell also bought two new
white vehicles for the sheriff's
office a year ago and McCon
nell had Wesson paint them the
same color (brown) as other
patrol cars, and install decals
and back seat ‘‘cages.” Powell
also refused to pay Wesson for
that work, saying the cars’
original white color was
ade&yate.
esson impounded the
1983 model car in an effort to
force payment from the coun
ty and later filed suit in
magistrate’s court.
Jon Payne, Chattooga's
chief magistrate, asked Kirby
to hear the case. Payne said he
disqualified himsei'f because
Powell had mentioned the case
to him before the hearing.
LETTER
Powell's Sept. 15 letter to
Wesson follows:
“ After reading the decision
of Judge Kirby, I feel that the
Judge%id not understand this
case. There was no controver
sy between the Commissioner
and the Sheriff concerning the
deal on a certain 1983 For(f Vie
toria. Judge Kirby con
tradicted himself on several dif
ferent matters. If you recall,
testimony was given and a
witness produced that you did
not have authoritf' to work on
the car, regardless of the
Sheriff's assured order to do
work on the car.
“We are not arguing about
the work done as much as the
storage that the Judge himself
states in his own decision (Nor
shall the storage fee be charg
ed if there is a bona fide dispute
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between the customer and the
mechanic as to the manner of
repair or the charEes for
repair). If you recall, the judge
has not considered in any man
ner the check that was given to
attorney Carlton Vines to set
tle this case off. The agreement
between the Commissioner and
Attorney Vines was that he
was to have the car at the work
camp by 5:00 o'clock the same
day. He accepted the SI,OOO
check for the SBOO labor bill
?lus the balance as his attorney
ee. He did not produce the car
that day nor the next day, and
the third day I stopped pay
ment on the check.
““As of today it seems that
no one has seen or heard of the
car. It has completely been hid-
den from the general public.
We feel that tgis would be a
damage to the County and the
Sherig’s Department because
I am sure that at times there
has been a need for this car,
had it been repaired and in run
ning condition,
“Since Judge Kirby was
unable to make a clear state
ment concerning the storage,
we feel the damage should%e
to the County on tie loss of use
of this vehici‘é for this period of
time. We, therefore, offer to
settle this claim for the
$1,604.50. If this is not
satisfactory, we move to carry
this to hig}‘:er court.
Harry Powell
Chattooga County
Commissioner’’
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LARRY WESSON STANDS BESIDE IMPOUNDED PATROL CAR
County Plans Appeal Of Judgment In Wesson’s Favor
ONYX COLLECTION
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The Summerville News, Thursday, October 1, 1987
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