Rochester doc bitterly disappointed after losing long lawsuit over car auction

Dr. Terry Bennett testifies during his civil damages trial against Auctions America last October; inset a picture of a 1925 vintage roadsters he said fetched a poor price. (Rochester Voice file photo)

DOVER - A three-year lawsuit pursued by a locally renowned doctor alleging contract fraud and misrepresentation in connection with the 2012 auction of many of his most prized automobiles has ended with a finding for the defendant in the case.

Dr. Terry Bennett, who runs the Quick Care Clinic on South Main Street in Rochester, was seeking $1.6 million in damages against Auctions America by RM, Inc. in a bench trial presided over by Strafford County Superior Court Judge Mark E. Howard.

The seven-day bench trial ended April 24. Howard rendered his decision in favor of the plaintiff in the case, Auctions America, on Friday.

As expected, Bennett was livid upon learning of the decision.

"That figures, there's no such thing as justice, there is 'just us.' And sorry, doc, you ain't one of us," an irked Bennett quipped this afternoon.

Bennett, a well-known collector of classic cars, had alleged slipshod advertising and advance work regarding the auctioneering company's lack of marketing leading up to the auction, which garnered far less than Bennett had expected.

Two of his most prized vehicles didn't even garner a single bid at the auction, then went to prebid offers that were far below retail value, Bennett said.

One was a custom made 1952 BMW 328 base special, built by Honore Wagner from Luxembourg.

"It was called a Wagner Special," Bennett said during trial, adding it should've fetched $1.2 million but instead went in prebid back to a member of the Wagner family who got it for less than $200,000,

The other was a 1925 Lancia Lambda with a coach built by Casaro.

Bennett said it should have drawn upwards of $600,000, adding a recent rusted "barnfind" sold for $200,000.

"My (Lancia) was rebuilt, with a rebuilt engine, repainted and brought less than $200,000" he fumed. "It was bought (by prebid) by a Carsaro enthusiast back in Italy."

During testimony last fall the now 80-year-old Bennett testified that in the summer of 2012 doctors diagnosed him with cancer and told him he had 90 days to live, so he wanted to quickly find an auctions company that could service a broad range of collectibles, from vintage race and fancy cars, to motorcycles and bicycles to stained glass and antique signs.

When a friend pointed him to RM Auctions, he said he went to one of their events and was very impressed.

He said he discussed RM doing his auction and was pleased with what they said, noting that he wanted to quickly liquidate much of his estate to help his family expecting his death was imminent.

"I was desperate and happy with what they said," he testified

Then he said he was told Auctions American - not RM - would be doing the auction but the service would be the same.

"I was lulled into a sense of security," he said.

However, as the Sept. 21-22, 2012, auction drew near he claimed the advertising was subpar and not attracting world-class collectors that he felt his items deserved to get the best price.

The recurring argument featured at trial by his attorney, Peter McGrath of Concord, was that Auctions America didn't provide the adequate provenance, or lineage, of his collectible cars to draw the high rollers that would produce a better bottom line.

Meanwhile, the attorney representing Auctions America, Nathan R Fennessy, brought out during questioning of Russell Abbott, the lead state investigator in the case, that the state's own Board of Auctioneers agreed to make no finding over Bennett's claims of incompetence.

Bennett formerly practiced medicine in Saudi Arabia where decades ago he was a personal physician to members of the Bin Laden clan in which Osama Bin Laden was a member as well as many other wealthy sheiks and oil tycoons. At the time he was treating the Bin Laden family they were part of one of the biggest construction companies in the Mideast.

Only last week Bennett expressed frustration that Judge Howard was taking so long to render a decision.

Neither Attorney Daniel Corley of the McGrath law firm nor Fennessy were immediately available for comment.