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Gretna man claims daughter, son-in-law stole $1.5 million
By ANDREW BOWLER/Star-Tribune Staff Writer
Tuesday, August 12, 2008 10:24 PM EDT
A Gretna man will have to wait a little longer to learn the outcome of a lawsuit filed against his daughter and son-in-law.
Moncie Lee Doss, 83, sued Emma D. Doss and Bobby B. Doss and accused them of holding him against his will and deceiving him to gain control of his assets.
Doss is seeking $1.5 million in compensatory damages and $350,000 in punitive damages.
The case was continued Tuesday in Pittsylvania County Circuit Court to determine if Tammy Wright, a witness summoned by the defendants, can testify about the Doss's tobacco settlement.
Judge William N. Alexander II referred the matter to the federal court system and will set a new hearing date after a decision is reached on the witness.
Doss, who cannot read or write and sees and hears poorly, testified his daughter's plot started by turning him against his other children.
The father then moved in with Emma and Bobby Doss, whom the plaintiff said sold his farm, home and livestock for $670,000.
Doss made his daughter, Emma, power of attorney, according to attorney Rachel Sanford.
"Everything Mr. Doss signed from that point was consistent with his belief that his daughter was going to take care of him and his money," Sanford said.
The father said the couple also received at least two of his 10 tobacco buyout payments worth $317,000 and cashed out $75,000 in certificates of deposits.
"They did me wrong," he said.
Sanford indicated the couple used the money to buy seven cars and pay for construction on two homes.
The attorney also said Doss was forced against his will to stay in the home.
"He is kept in the house and told he will be killed if he leaves or stands in front of a window," she said.
Sanford accused Bobby Doss, who admitted to being convicted of money laundering in the past, of putting narcotics in his father-in-law's drinks.
Doss testified his friends were not allowed to visit him and he was not allowed to visit friends in the nursing home.
"They weren't treating me good," he said of the defendants. "They had me in the house and wouldn't let me go anywhere."
Sanford said Doss finally escaped by jimmying a door lock and fleeing from the home.
He was later picked up on Route 40 by Deputy Timothy Rakes of the Pittsylvania County Sheriff's Office.
The father told the court he had to punch new holes in his belt due to the amount of weight he lost while being held captive.
"The wrong (is) indisputable," stressed Sanford. "The impact on Mr. Doss is horrific."
The couple's attorneys, Greg Phillips and Seth Weston of Roanoke, disputed the allegations.
"He had a vehicle and drove himself and his friends around on the Blue Ridge Parkway whenever he wanted," Weston said.
Weston also said Doss took a trip to South Boston alone and went outside when he wanted.
The father also made the monetary decisions on his own and signed his own checks and documents, the attorney said.
"All of these transactions show competency," he added.
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Celia McCulty wrote on Aug 13, 2008 10:27 AM: