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View Full Version : Plumber sues dealership for $1mil after truck ends up with terrorists, receives death threats



Godfather
12-16-2015, 03:20 AM
(CNN)All Mark Oberholtzer wanted to do was upgrade his ride. What he got instead was a world of trouble from half a world away.

The Texas City, Texas, plumbing company owner is suing a Ford dealership for more than $1 million in financial losses and damages to his company's reputation after a pickup truck he once owned ended up with Islamic militants fighting in Syria's civil war.

A photo of the truck, with his Mark-1 Plumbing decals still attached, went viral, leading to thousands of harassing phone calls.

"By the end of the day, Mark-1's office, Mark-1's business phone, and Mark's personal cell had received over 1,000 phone calls from around the nation," Oberholzer's lawyer wrote in the lawsuit, filed December 9 in Harris County, Texas. "These phone calls were in large part harassing and contained countless threats of violence, property harm, injury and even death."

Oberholtzer said this wouldn't have happened if the dealership had just removed the decals before the truck was resold.

Tracing terror trucks


The issue of Western vehicles flowing into the Middle East and into the hands of militants has attracted global attention.

For instance, the U.S. Treasury Department has asked Toyota how so many of its vehicles have wound up in militant hands.

Toyota pickups seem to be the preferred vehicle of militants in the Middle East, said Jonathan Schanzer of the Foundation for Defense of Democracies.

"Toyota is the truck that jihadists use when they want to go to war," he told CNN in October.

But jihadists aren't tied exclusively to the Japanese brand. Other brands also appear on the battlefield, including Ford -- which made Oberholtzer's F-250 pickup.

Trading up to a newer F-250

Just how the truck ended up in the hands of militants is a bit of a mystery.

In October 2013, Oberholtzer took the truck to AutoNation Ford Gulf Freeway in Houston for a trade-in, according to the lawsuit.

He got a 2012 Ford F-250 and said goodbye to his old truck.

He started to peel off the company's decals from the truck's doors but a salesman stopped him, according to the lawsuit. The man told Oberholtzer that peeling off the decal would damage the paint on the truck, according to the lawsuit.

Oberholtzer said the salesman told him that AutoNation would remove the decals before the truck was resold.

CNN requested comment from the dealership and its corporate headquarters. Neither had responded as of Monday afternoon.

The truck was auctioned off in November 2013. The next month, it was shipped from Houston to Mersin, Turkey, according to the lawsuit.

About a year later, the truck popped up in a tweet posted by Caleb Weiss, a contributor to the Long War Journal. It showed militants firing a heavy weapon from the bed of a truck with the Mark-1 company name on the front door.

Threats and losses

The photo went viral, was picked up by news outlets and led to thousands of phone calls to Oberholtzer's business and personal phones, according to the lawsuit.

Most of the calls were harassing and threatened violence and included the "yelling (of) expletives at whomever answered the phone," the "singing in Arabic for the duration of the phone call" and "threats of injury or death" made against Oberholtzer's family and employees.

Oberholtzer had to temporarily shut down his business and leave town, according to the lawsuit, resulting in financial losses. He's also had visits from Homeland Security and the FBI.

And he still has to deal with phone calls, which continue to come in a year after the photo first appeared.

He now carries a gun for protection, according to the lawsuit.

Griffin
12-16-2015, 03:49 AM
I guess when he loses his cell phone he'll blame the phone company for his selfies being released.

Godfather
12-16-2015, 03:58 AM
I guess when he loses his cell phone he'll blame the phone company for his selfies being released.

Guy traded in his vehicle in America and was told by the dealership that they'd take care of the decals. That's a legal contract. When it turned up in a viral photo with ISIS cruising around in his old company vehicle, logos and all, he received thousands of calls including death threats... those are damages. I think he has a legitimate case.

Seems like a very, very different situation than losing something.

HyperV12
12-16-2015, 08:57 AM
Dude has a case.

redred
12-16-2015, 11:11 AM
unless it wasn't written down in any form of contract that the dealership had to remove the sign writing :shrug:

Teh One Who Knocks
12-16-2015, 12:14 PM
unless it wasn't written down in any form of contract that the dealership had to remove the sign writing :shrug:

This ^^^

The dude claims that the salesman said they would remove the decals, but unless he had it in writing, I'm afraid he's SOL with his lawsuit.

HyperV12
12-16-2015, 12:46 PM
http://youtu.be/TmZB-p-u55g

Godfather
12-17-2015, 03:35 AM
This ^^^

The dude claims that the salesman said they would remove the decals, but unless he had it in writing, I'm afraid he's SOL with his lawsuit.

I disagree, a verbal contract is binding. If he can prove that other owners have sold their vehicle and had decals taken care of, he'll have a clear win. Even if he can't, he's got a strong case. Contra Proferentem should apply, they drew up the contract - any ambiguity goes against the dealership.

redred
12-17-2015, 06:59 AM
Prove he said it

fricnjay
12-17-2015, 03:44 PM
unless it wasn't written down in any form of contract that the dealership had to remove the sign writing :shrug:


This ^^^

The dude claims that the salesman said they would remove the decals, but unless he had it in writing, I'm afraid he's SOL with his lawsuit.

In the state of Texas a verbal agreement is a binding contract. Dude has a case.

Teh One Who Knocks
12-17-2015, 04:04 PM
I disagree, a verbal contract is binding. If he can prove that other owners have sold their vehicle and had decals taken care of, he'll have a clear win. Even if he can't, he's got a strong case. Contra Proferentem should apply, they drew up the contract - any ambiguity goes against the dealership.


In the state of Texas a verbal agreement is a binding contract. Dude has a case.

You need proof there was a conversation about this before you can even say there was a verbal contract. If there was no witness, then it's nothing more than a "he said, she said" argument. And as for having previous decals removed, he would need to prove that EVERY previous customer had the decals removed from their trade-ins to even remotely have a chance of winning this case. If just one person traded in a vehical and the dealership didn't remove the decals/signage/whatever from the vehilce, then he has no case whatsoever.

fricnjay
12-17-2015, 04:17 PM
Not necessarily. I had a buddy that did some filming for an outdoorsman show and they had a verbal agreement on the payment. The guy never paid my buddy so he took it to court. Of course the guy said the agreement never happened but my buddy still won and was awarded 13k. Its all about how good your lawyer is and who's the judge.