James McNally vs. Leisure Tyme
Mobile County Circuit Court
In June 2012, an arbitrator awarded our client, Jim McNally almost $83,000.00 for emotional distress and mental anguish damages that resulted from a breach of contract by an RV dealership located on the gulf coast, Leisure Tyme. In 2009, Mr. McNally purchased a new RV from Leisure Tyme and traded in his previous one. A few months after the sale, Mr. McNally discovered that the dealership failed to pay off his trade in. The dealership gave him the runaround concerning the circumstances of the pay off and soon Mr. McNally heard from his old creditor, Bank of America. They began sending him collection letters, and repeatedly made phone calls seeking payment on the traded in RV. Mr. McNally’s credit was severely damaged as a result of the negative reporting. Due to the continued harassment and stress related to the situation Leisure Tyme had placed him in; he suffered from weight loss, sleeplessness and depression. After two days of hearings, the arbitrator ruled that Leisure Tyme breached its agreement and awarded damages related to the amount Mr. McNally owed under the contract and provided additional compensation for his mental anguish. Our firm has several more of these cases that are set for additional arbitration hearings over the next several months.