VA cautionary tale: A buyer purchases a car from a dealer. Immediately thereafter the dealer makes the car available for pickup free of any liens. The buyer indicates that he expects the dealer to keep the car safe and then the buyer fails to pick up the car for more than a month when he should have picked up the car immediately after purchasing same. Consequently, the dealer incurs costs associated with shipping, handling, insurance and warehousing related to the car that the dealer would not have incurred had the buyer timely picked up the car. When the buyer attempts to pick up the car five weeks after the purchase, the dealer charges him $920 related to the shipping, handling, insurance, and warehousing of the car for more than a month, i.e., all the things necessary to keep the car “safe.”
When the buyer refuses to pay the $920, the dealer places a Uniform Commercial Code and warehouseman’s lien on the car and withholds delivery of the car until the buyer pays the lien, which is no less legitimate than a lien a parking garage would have over a vehicle that has been parked for an amount of time in excess of the parking fee paid. As such, withholding of merchandise where the seller has been unjustifiably caused to incur expense in the shipping, handling, insurance and warehousing of same is a longstanding traditional remedy for buyer’s breach that is expressly allowed and provided for under Florida Law. Under these types of facts, it is obvious that it would be improper and wrong for the buyer to accuse the dealer of “civil theft” and “fraud,” and tarnish the dealer’s professional reputation. Yet, that is exactly what Brian Styles has done to Dan Pronman, my brother, and I, Gary Pronman.
I have placed this web site in response to the web site GaryPronman.com, which was posted by Brian Styles. In order to air his unfounded grievances, Mr. Styles has appropriated my natural-born-name by registering GaryPronman.com without my consent and in no way am I affiliated with that website. Mr. Styles states as fact that I and My Brother Dan and my company Movie Star Musclecars defrauded him and stole his 1969 Dodge Superbee. He posts mug shots from my DUI arrests in a manner that makes it appear that I have a record for fraud and theft, which is totally untrue. I have been convicted of misdemeanor DUI on two occasions. I, as have millions of others, had a few too many and got behind the wheel. I have completed all my court-ordered requirements and have paid my dept to society completely. I am a presently a member of a twelve step program and face my personal challenges one day at a time. That said, I have never been charged with, arrested for, or convicted of any crime concerning moral turpitude, theft, or dishonesty.
Ironically, in my humble opinion, given the above-stated facts, Mr. Styles’ misleading use of my DUI mug shots on his website to embarrass me and imply that I am dishonest are more telling of Styles’ dishonesty then any dishonesty Styles falsely attributes to me. In fact, as of December 2010, the civil theft against Movie Star Musclecars was dismissed by the judge. While I believe the judge would have likewise thrown out the fraud claim, because fraud was not pled against the company, the merits of the fraud charge was not then before the Court and could not be challenged in the company’s Motion to Dismiss. Although Styles’ attorneys have since refilled said Civil Theft Claim against the company, the Amended Civil Theft claim alleges nothing materially different from the Complaint that was dismissed. As such, I fully expect that the Court will likewise dismiss Styles’ latest filing – this time permanently. On similar grounds, we shall likewise challenge Mr. Styles’ accusations against my brother Dan and I personally in subsequent proceedings.
As we substantially state in our Answer to Styles’ now Second Amended Complaint, my brother and I are entitled to the benefit of our bargain and to enforce the agreement Styles made with our company Movie Star Musclecars. Movie Star Musclecars met its end of the bargain by tendering the subject car to Styles immediately upon receiving payment for same and did so without asserting any liens, an inconvenient fact that Mr. Styles has neglected to include in his story, or likewise inform the public.
Like any honest business, we only wish to be placed in the possession that Movie Star Musclecars would have been in had Mr. Styles properly performed under the oral contract he entered into with our company and took delivery of his car in a commercially reasonable amount of time. Obviously, had that occurred our company would not have incurred the cost of shipping, storing and insuring Mr. Styles’ vehicle; would not have incurred the expense associated with the legal action Mr. Styles filed; and would not have suffered from the unfounded accusations Mr. Styles has leveled against the company, my brother and I. My brother and I desire to release the car to Mr. Styles once Mr. Styles pays for costs related to legal fees; transportation, storage, and warehousing fees; and other miscellaneous expenses that have been wrongfully incurred as a result of Mr. Styles’ actions. Unfortunately, until the lawsuit against my brother and I and our company is finally resolved, said costs cannot be totaled. We stand by our principles and that is why we are embroiled in nuisance litigation.
As far as the business record of my brother and I, we run an upstanding restoration company in which we expertly ply our trade not just for money but for a love of these cars as our goal is to bring back as many of these treasures as possible to their former glory. This loving care and professionalism shows in each car that we restore and, as a result, we have many outstanding professional references. My brother and I have taken numerous first-place trophies and best of show awards, which recently include being in the invitational building two years in a row for the all Chrysler Nationals at Carlisle; being Best of Show at Morroso as chosen by Randy Bolig, editor of Mopar Muscle Magazine; and winning Best of Class at Carlisle. Our work has been featured in and on the cover of many collector magazines and our first-class restorations garner top-dollar prices. Indeed, we take a great deal of professional pride in the fact that at the 2005 Barrett-Jackson Auction, our company was responsible for restoring a vehicle that set a Brings World Record for sale price for any A12 1969 1/2 m code Roadrunner or Superbee.
Behind my brother and I is a thoroughly professional and well-trained staff, who, through their fine work at Movie Star Musclecars, support their families and nourish our success. Every person at Movie Star Musclecars is intimately aware of how important it is to build a base of customers who return to our business time and again. We know that no company ever succeeds by giving poor customer service or by attempting to gain unfair advantage over clients. That is why our mission is to develop loyal customers for Movie Star Musclecars by exceeding customer expectations through timely, accurate and professional service with world class results every time.
On behalf of my brother and I and everyone at the Movie Star Musclecars family, we sincerely appreciate all of the support we have received from our families, friends in the industry, and our loyal customers and look forward to being vindicated through the judicial process.
Thank You
