A Vero Beach auto repairman is refusing to hand over a classic car that a deceased collector bequeathed to his children, claiming one of the new owners was “spoiled” and “not worthy of the automobile,” according to a complaint filed in Circuit Court.
The car, a 1968 Plymouth GTX muscle car estimated to be worth more than $30,000, belonged to Terry Swezey, M.D., who until his death last July practiced family medicine at 1800 43rd Ave. in Vero Beach. In his will, Swezey left the car to his children, Tiffeny and Timothy Swezey.
According to the complaint, the elder Swezey had entered into an oral contract in 2014 with Joseph Krauss, III, owner of J&J Auto Works, Inc. at 1816 44th Ave. SW. In that agreement, Krauss allegedly agreed to provide labor to restore the GTX in exchange for medical services for Krauss and his family.
The Swezey siblings say in the complaint that both parties lived up to their obligations in the contract.
Tiffeny and Timothy transferred the vehicle’s title into their names on Aug. 13, after which Tiffeny went to J&J Auto Works to pick up the GTX. However, Krauss refused to release the vehicle to her, claiming she “was not worthy of the automobile, as in his opinion, she was spoiled,” the complaint says.
Krauss said he intended to keep the vehicle, but if she wanted it, Tiffeny would have to pay for it, the complaint says.
On Nov. 1, Krauss sent the siblings a Notice of Claim of Lien, demanding $28,086.52 for repair costs, storage fees, and administrative fees the complaint says. The Notice gave the siblings until Jan. 10, 2025, to pay, or the automobile would be put up for sale. However, this was just a threat, and no Claim of Lien had actually been recorded, the complaint says.
Krauss told Vero Beach 32963 that there was no oral contract to trade his labor for medical services. His attorney, Roger W. LaJoie of the Vero Beach firm Block & Scarpa, filed a motion on Jan. 19 asking Judge Robyn E. Stone to dismiss the complaint, saying that even if there was a contract, any contract for more than one year would have to be in writing, according to state law.
The Motion to Dismiss also notes that Tiffeny Swezey failed to provide evidence that her father provided more than $30,000 worth of medical treatment to Krauss and his family. Krauss did not steal the car, but was prepared to release the vehicle after the bill was paid, the motion says.
The Swezey siblings are demanding a jury trial and are seeking payment of the full value of the GTX, estimated to be between $30,000 and $50,000, plus interest, legal fees and court costs. They are represented by Aaron V. Johnson of the Collins Brown Barkett law firm of Vero Beach.
