Hole-in-One Dispute Over Car Settled
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Lawsuits over a hole-in-one contest that produced an ace, but no prize car, settled out of court this week. During the annual charity Emil Froehlich tournament at Southern Pines Elks Lodge last summer Paul Verdecchia swung his 4-iron to slam the ball 172 yards down the 14th fairway and slap into the cup.
He was sure he’d just won the brand new Nissan Altima that Pinehurst Nissan displayed near the putting green. There were handshakes, backslaps and congratulations all ’round. He posed by the car for pictures. Then everything fell apart.
The car dealer said they’d only put the car out there for advertising, never promised any prize. The lodge said they had. Phone calls back and forth further confused Verdecchia. At one point he was told he’d won a car, just not that car. In a later call he was told no deal: no car, no way, no how.
“Somebody dropped the ball,” Verdecchia said later. “I fulfilled all the requirements to win the car. First and only hole-in-one I ever made. At least they can't take that away.”
Tommy Holderfield at Pinehurst Nissan said they had offered cars before, and bought “hole-in-one insurance” every time – just in case. This time, they hadn’t OK’d any such deal, hadn’t insured themselves against a lucky strike.
Verdecchia sued the Elks. The lodge sued the dealer. The dealer sold the car. Everybody was headed to court, but then they worked out an agreement under which the club and the car company would make things right with the golfer – only nobody will say exactly how.
“There is a confidentiality clause in the settlement,” said Verdecchia’s attorney Evelyn Savage.
Brad van Laningham, who represented Pinehurst Nissan, said they’d all thought ahead about coming up with a statement they could release despite nondisclosure terms in the agreement. The lawyer for the Elks, Kent Smith, said the charity tournament would resume this year and would have a hole-in-one contest as usual. Savage supplied a copy of the joint statement.
“Pinehurst Nissan, Southern Pines Elks Lodge and Paul Verdecchia are pleased to announce that they have resolved their dispute surrounding Mr. Verdecchia’s entitlement to a car as a prize for scoring a hole-in-one during the 2010 Emil Froelich Golf Tournament,” it says. “Although Pinehurst Nissan and Southern Pines Elks Lodge disagreed as to several key facts, they both agreed that Mr. Verdecchia deserved to be compensated for his hole-in-one. In recognition of this fact, Pinehurst Nissan and Southern Pines Elks Lodge have put their differences aside and have together compensated Mr. Verdecchia for his outstanding accomplishment. Mr. Verdecchia has dismissed his claims against all parties. All parties are very pleased with the terms of the settlement.”
This year the Elks are negotiating with another dealer for a prize car, according to Eli Jaksic. The 2011 Emil Froehlich Memorial Golf Tournament tees off at 9 a.m. on Saturday, June 18. Entry fee is $75, and applications are available at the club office and the pro shop.
“We raise money to support programs for children and adults with disabilities,” Jaksic said Monday afternoon. “Over the years we’ve put computers in classes for children with disabilities. We give checks to teachers to help them. They give us a letter saying things they need, and we sent them checks. We gave out $3,000 last year just for this.”
Every year the club uses funds from the tournament to throw a “Fun Day” at the club for children with disabilities of various kinds.
“Over the last 14 years we’ve entertained over 7,000 children on Fun Day at the Elks,” he said. “We have clowns, a zoo, swimming, face painting, fire trucks to climb on, police dogs to pet. We also have a poster contest for the kids and give out prizes for that. We feed every kid after they get done playing.”
There’s something for grown-ups, too.
“For adults with disabilities, we have a Halloween Dance,” Jaksic said. “All the money from the tournament goes to help disabled people in Moore County.”
The hole-in-one car isn’t the only prize aside from prizes for tournament winners.
“We have a raffle, too,” he said. “There are probably 60 to 70 prizes.”
Verdecchia could not be reached for comment, but many a golfer will likely be checking to see if he’s driving a new car sometime soon.
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Comments
moconative 1 year, 11 months ago
Happy to hear that Mr. Verdecchia has gotten compensated for his accomplishment finally. I would bet that Mr. Holderfield and Pinehurst Nissan wish they had given him the car he rightfully earned, since this negative PR has most likely turned away many potential buyers. Why do all these dealerships call themselves "Pinehurst" anyway? Anybody else want to run out and buy a vehicle from Pinehurst Nissan/Toyota/Kia, etc. No way I will ever go there! Way to go guys!!!!
progolfer 1 year, 11 months ago
LOL.....This story doesn't surprise me one bit. I've personally had bad experiences with the Holderfield's and their dealerships, some people just don't know how to do good business.
sfavela 1 year, 11 months ago
My experience with Pinehurst Nissan was enough to make me run, not walk, to another dealership to purchase a car. It seemed to me that they don't like or respect women.
I'm sure Pinehurst Nissan was confident nobody would get a hole-in-one and were grasping at straws when it happened. It's a shame it took litagation to get them to do the right thing. Lesson from this experience: avoid dealing with any companies owned by the Holderfield's if this is how they 'do business'.
spgolf 1 year, 11 months ago
I have done business for years with the Holderfields.Toyota and Nissan. STAND UP people.How often does the owner come out to say hi and remember your name? I think they should be given the benefit here. The Elks Lodge is equally responsible according to what the paper has been reporting. I am glad to see the Mr. Verdecchia got what was due to him. I think to blame this all on the "mean car dealer" is incorrect. Especially a dealer in business for 30 years .
CSmithson 1 year, 11 months ago
I too am happy for Mr Verdecchia. He got the reward he deserved.
I know the people involved on the Elks side and fully believe they acted in good faith as they had all the other times they had a different local dealer sponsor a car. They believed they had an agreement with this dealer last year, used a hole they usually used for the prize, and had witnesses stationed at the green as is required when these prizes are offered. The dealer even brought a car by for display and I know the Elks allowed the display as part of what they believed to be an agreement to sponsor the prize- not to "spruce up the tournament" or "for display purposes" as a spokesperson from the dealership claimed.
Did the Elks do what they legally had to do to verify the dealer's sponsorship and verbal contract? The court never got to rule on that, but they did advertise the prize in good faith. Lesson learned to get it in writing.
None 1 year, 11 months ago
I have a 10 year old Toyota Avalon with 82,000 miles on it, but I can't say whether or not Toyota’s service department is any good because I've yet to have the first thing to go wrong with my Toyota. The Holderfield family have been big supporters in our community, both financially and with their time and expertise. They have always stepped up to the plate when called upon by the community, especially with the many youth projects going on in our area. You will often see them in the stands at our local high school games cheering the players on. The Elk’s have had financial difficulties for years, and it's easy to point fingers and unjust blame by the public, who were not privy to any of the negotiations, but it takes a class act like the Holderfield family to step up and make the situation whole again. I, for one, am proud to have them and their dealerships as a part of our community. They continue to reinvest their money in our area, creating jobs and prosperity for our citizens, unlike the nearby megastore that rarely supports anything in our area.
None 1 year, 11 months ago
OK OK sales manager at the dealership.....enough self-serving praise.
Let me add to the long list of people with a bad experience at "Pinehurst" Nissan (which of course, ain't in Pinehurst). I'm not "proud" to have them.
Also - that fact that you " bought “hole-in-one insurance” every time – just in case." clearly shows you intended THIS TIME to be like all the rest. You rolled the dice, fumbled and reneged on your intent. Nice "class act".
None 1 year, 11 months ago
In defense of the Elks, I am the parent of a special needs child and can say they have done many things for kids with disabilities, not sure what Pinehurst Nissan has done for the community but as a another commenter said, The Elks acted in good faith, I'm sure they felt that Pinehurst Nissan would do the same
None 1 year, 11 months ago
"creating jobs and prosperity for our citizens,...obviously you have "skin" in the car game. Working at car dealerships is the only work where one can work 60 - 70 hours a week and not be paid minium wage. They will give employees a $120.00 as a draw on their next sale. Sales people are always in debt to dealerships...I called it plantation mentality.
Forsby 1 year, 11 months ago
As a total outsider in this dispute, it seems to me that the dealer made a very poor choice by playing the "legal" card instead of donating the car under the circumstances. Now that would have been a class act.
FaithinUSA 1 year, 11 months ago
I also have vowed to never buy another car from them...I had bought 3 over the last 15 years...But the last few years the attitude has changed there. Maybe when you get so large you forget how you got there..
moconative 1 year, 11 months ago
Take this as being warned...There are too many reputable dealerships that are just a short drive up US 1, so you don't have to be badgered by the sorry excuse of the one here in question. Run away fast as you can people!
None 1 year, 11 months ago
Speaking from personal experience, and one who worked in the trenches so to speak with Beaver and Holderfield, their mindset is to sell - sell -sell. Their motto is when a car crosses the curb, if you have to "jump on the hood" and make that sale. As Beaver once said, I need the Yacht Fuel. They will wear customers down to make a sale, emotionally and psychologically, even if one can afford a car or not. They can buy financing at 28% interest. They make money on those sales as well. I would ride a horse before I would by anything from John Beaver or Tommy Holderfield.