Gregg Orr Motors is suing a former sales manager whom they claim cost the business more than $100,000 via fraudulent transactions made after the employee was fired from the company's Mercedes dealership in Texarkana, Texas.
The complaint alleges that Timothy Scott Wooten "traded off" 14 cars which were pre-sold after he was terminated June 4. Wooten allegedly accessed the dealership's computer system or the manufacturer's computer system between June 5 and June 9 without authorization, according to the lawsuit.
In addition to trading off pre-sold cars, including five custom order units and three with pre-paid deposits, Wooten allegedly made nearly $800,000 in automobile purchases which Orr has since been able to cancel, according to the lawsuit. Orr recovered one of the 14 cars Wooten is accused of trading.
Wooten could not be immediately reached Friday for comment through his Facebook page. According to the case's docket, a summons to serve Wooten with a copy of the complaint was issued Thursday.
The complaint was filed Thursday on Orr's behalf by Texarkana lawyers Brent Langdon and Melissa McPherson of the Langdon Davis firm in the Texarkana Division of the Eastern District of Texas.
Orr seeks actual damages of $112,000, exemplary damages, attorney fees and court costs. Langdon declined to comment beyond the complaint, citing the pending nature of the litigation.
"In an attempt to make things right and salvage Orr's business reputation on the units involving existing and prospective customers or dealerships, Orr will potentially be required to give back the three down payments on the lost units, will incur a loss of profits as calculated, and the salespeople will lose their commissions on the units," the complaint states.
In addition to fraud, breach of fiduciary duty and tortious interference, the complaint accuses Wooten of violating recently enacted Texas and Arkansas laws prohibiting the use of a computer without authorization and prohibiting computer fraud and abuse.
Wooten is a resident of Texarkana, Ark., according to the complaint.
The complaint alleges Wooten breached a contract with Orr in which he agreed not to interfere with the company's business upon termination of employment.
The case is assigned to U.S. District Judge Robert Schroeder III.