Hanover supervisor eyes trial in VADA case

The John Marshall Courts Building. (Courtesy City of Richmond)

The John Marshall Courts Building. (Courtesy City of Richmond)

A member of the Hanover County Board of Supervisors has claimed an incremental victory in his bid to extract millions of dollars in damages from his former employer.

Sean Davis, who claims he was wrongfully fired last year by the Virginia Automobile Dealers Association, received a go-ahead earlier this month from Richmond Circuit Court Judge W. Reilly Marchant to continue his fight against the VADA on allegations of fraud and defamation.

The judge issued an opinion May 2 that would toss out several counts of the January lawsuit, but allowed two of the allegations to continue, despite objections and calls for dismissal from the VADA. Barring a settlement, the two sides likely are headed to trial.

Meanwhile, Davis filed an amended complaint adding as defendants the seven members of the VADA board of directors on counts of defamation and conspiracy. He also increased his demand for damages – $2.35 million when the case originally was filed in January – to $3.35 million following the addition of the director defendants.

Davis was employed as director of dealer operations at VADA from May 2014 until his termination Dec. 1 of last year. He claims he was fired in retaliation for making human resources complaints about longtime VADA head Don Hall.

The suits alleged in often lurid detail, “The VADA office work environment under Hall was hostile, predatory, misogynistic, sexist, immoral and unprofessional, and wholly unpredictable.”

His HR complaints went unheeded, the case alleges, and he was fired for his “unwillingness to support and promote Hall’s” behavior.

Davis’ fraud claim hinges on the allegation that he was told he would succeed Hall as VADA’s president and CEO after three years with the organization. Davis claims he left a higher-paying job as a Realtor for a $125,000 salary at the VADA on those alleged representations.

Hall, 60, has said he has no plans to retire.

Sean Davis

Sean Davis

Davis’ defamation claims relate to alleged statements made by Hall and the VADA regarding the circumstances of Davis’ termination that could be viewed as him being fired for cause or misconduct, in attempt to damage his reputation.

The seven directors added as defendants in the case are: Tom Barton III, Michael Huff, Mark Tysinger, Dave Perno, William Farrell, Stanley Gallear and J. Burke O’Malley. They are all car dealers from around the state.

The allegations against the directors relate to an email they allegedly distributed that discussed Davis’ termination.

Hall and VADA argued in their Feb. 17 response that Davis’ claims are a “futile effort to assuage his failed aspirations” of succeeding Hall at the helm of VADA.

They argued that Davis’ employment at VADA was at-will and that state law does not recognize fraud claims based solely upon “unfilled promises.”

The seven directors still have their chance to file responses in the case. A trial date has not yet been set on the counts against Hall and VADA.

Davis is being represented by lawyer Stephen Biss. Hall and VADA are being represented by Charles Sims of O’Hagan Meyer. Hall was unavailable for comment.

Davis also is fighting an ongoing defamation lawsuit against Style Weekly; its owner, Norfolk-based Landmark Media Enterprises; and reporter Peter Galuszka in Hanover County Circuit Court. That case was filed in April 2016 related to an article in Style about Davis’ interactions with Hanover County schools.

The John Marshall Courts Building. (Courtesy City of Richmond)

The John Marshall Courts Building. (Courtesy City of Richmond)

A member of the Hanover County Board of Supervisors has claimed an incremental victory in his bid to extract millions of dollars in damages from his former employer.

Sean Davis, who claims he was wrongfully fired last year by the Virginia Automobile Dealers Association, received a go-ahead earlier this month from Richmond Circuit Court Judge W. Reilly Marchant to continue his fight against the VADA on allegations of fraud and defamation.

The judge issued an opinion May 2 that would toss out several counts of the January lawsuit, but allowed two of the allegations to continue, despite objections and calls for dismissal from the VADA. Barring a settlement, the two sides likely are headed to trial.

Meanwhile, Davis filed an amended complaint adding as defendants the seven members of the VADA board of directors on counts of defamation and conspiracy. He also increased his demand for damages – $2.35 million when the case originally was filed in January – to $3.35 million following the addition of the director defendants.

Davis was employed as director of dealer operations at VADA from May 2014 until his termination Dec. 1 of last year. He claims he was fired in retaliation for making human resources complaints about longtime VADA head Don Hall.

The suits alleged in often lurid detail, “The VADA office work environment under Hall was hostile, predatory, misogynistic, sexist, immoral and unprofessional, and wholly unpredictable.”

His HR complaints went unheeded, the case alleges, and he was fired for his “unwillingness to support and promote Hall’s” behavior.

Davis’ fraud claim hinges on the allegation that he was told he would succeed Hall as VADA’s president and CEO after three years with the organization. Davis claims he left a higher-paying job as a Realtor for a $125,000 salary at the VADA on those alleged representations.

Hall, 60, has said he has no plans to retire.

Sean Davis

Sean Davis

Davis’ defamation claims relate to alleged statements made by Hall and the VADA regarding the circumstances of Davis’ termination that could be viewed as him being fired for cause or misconduct, in attempt to damage his reputation.

The seven directors added as defendants in the case are: Tom Barton III, Michael Huff, Mark Tysinger, Dave Perno, William Farrell, Stanley Gallear and J. Burke O’Malley. They are all car dealers from around the state.

The allegations against the directors relate to an email they allegedly distributed that discussed Davis’ termination.

Hall and VADA argued in their Feb. 17 response that Davis’ claims are a “futile effort to assuage his failed aspirations” of succeeding Hall at the helm of VADA.

They argued that Davis’ employment at VADA was at-will and that state law does not recognize fraud claims based solely upon “unfilled promises.”

The seven directors still have their chance to file responses in the case. A trial date has not yet been set on the counts against Hall and VADA.

Davis is being represented by lawyer Stephen Biss. Hall and VADA are being represented by Charles Sims of O’Hagan Meyer. Hall was unavailable for comment.

Davis also is fighting an ongoing defamation lawsuit against Style Weekly; its owner, Norfolk-based Landmark Media Enterprises; and reporter Peter Galuszka in Hanover County Circuit Court. That case was filed in April 2016 related to an article in Style about Davis’ interactions with Hanover County schools.

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