This article was originally distributed via PRWeb. PRWeb, WorldNow and this Site make no warranties or representations in connection therewith.
The lawsuit alleges that despite being paid in full and on time each month to safeguard personal possessions in a storage unit, Berger wrongly auctioned and destroyed all of the items being stored without permission or authorization, according to the Complaint filed by McCorvie Law Firm, P.A.
Orlando, Florida (PRWEB) February 21, 2013
Mr. and Mrs. Johnson, husband and wife (the “Johnsons”), filed a Complaint in Hillsborough County, Florida against Berger Transfer & Storage, Inc. a Minnesota corporation, an agent of Allied Van Lines (http://www.bergerallied.com) (“Berger”) for the alleged wrongful destruction of all their personal property that was being stored in a storage unit under Berger’s control and supervision.
The Complaint explains that the Johnsons paid Berger to store and protect their valuable personal property, irreplaceable family heirlooms, and collectibles in a storage unit. The Complaint alleges that unbeknownst to the Johnsons, Berger mischaracterized the account as non-paying, and – without notice or opportunity to cure the alleged payment discrepancy – Berger auctioned off everything in the Johnsons’ storage unit. Meanwhile, as the Complaint alleges, Berger continued to accept the Johnsons’ monthly payments.
Approximately 18 months later, the Complaint further details that Berger notified the Johnsons of the error and destruction of property. The Complaint states that on or about December 5, 2011, Berger’s General Manager sent the Johnsons a letter advising that Berger had wrongly sold their possessions at auction stating “An error input was made and your lot was misidentified as a nonpaying account. As a result your household goods and personal effects were sold at auction.” The letter is attached to the Complaint as Exhibit “B.”
Lauren Heatwole McCorvie, the Johnsons’ attorney, states “This case is about Berger’s alleged disregard for the Johnsons’ personal property that was entrusted to Berger for safe keeping. As a result of Berger’s actions – which Berger admitted to in writing – the Johnsons are seeking compensation. Many items that Berger allegedly auctioned/destroyed were irreplaceable family heirlooms and collections that have extraordinary sentimental and personal value.”
The Complaint alleges that not once did Berger give the Johnsons notice of the alleged non-payment issue prior to Berger selling/destroying the Johnsons’ belongings in the storage unit. In fact, the Complaint states that Berger did not notify the Johnsons of the error (and wrongful destruction of the Johnsons’ priced possessions) for approximately 18 months after destruction. To date, McCorvie alleges that the Johnsons have not been able to recover any of the items lost.
The Complaint sues Berger for breach of contract, breach of fiduciary duty, negligence, violation of the Florida Deceptive and Unfair Trade Practices Act, conversion, and punitive damages. Case Caption: Martin W. Johnson, an individual and Zenaida A. Johnson, an individual, Plaintiffs vs. Berger Transfer & Storage, Inc. a Minnesota corporation, an agent of Allied Van Lines, Defendant. Filed: In the Circuit Court of the Thirteenth Judicial Circuit, in and for Hillsborough County, Florida, Case No. 2013-CA-002688.
The Johnsons are represented by Lauren Heatwole McCorvie, Esquire, of McCorvie Law Firm P.A. in Orlando, Florida, http://www.McCorvieLaw.com.
For further information, please contact Mrs. McCorvie at lauren(at)mccorvielaw(dot)com or (407) 490- 2467.
For the original version on PRWeb visit: http://www.prweb.com/releases/prweb2013/2/prweb10451908.htm