Virginia Lawyers Weekly

In an unusual civil lawsuit arising from a case of elder abuse, a Pittsylvania County judge has awarded more than a million dollars to an 84-year-old illiterate retired farmer who claimed his daughter scammed him out of his life savings and held him against his will.

The defendant daughter remains in jail for contempt after the judge found she lied twice about money she got from the sale of a house.

Details of the civil lawsuit filed by Moncie Doss made the case “unique,” according to Circuit Judge William N. Alexander II.
Danville lawyer Glenn W. Pulley, who represented Doss, said, “I don’t think I’ve ever had a civil case where the defendant walked out of court and went to jail.”

The details of Moncie Doss’ ordeal are harrowing. The former tobacco farmer could neither read nor write. Widowed in 1992, and suffering from profound hearing loss, Doss needed someone to help him manage his affairs, which included a farm and other property valued at more than $1 million.

One of his daughters helped him for 13 years, but then another daughter, the defendant Emma Doss, entered the picture. According to the court’s findings, she alienated Moncie from his other children and took him into her home, “promising that she would care for him and his money.”

Soon, however, Emma was having Moncie sign over to her complete ownership of his bank account, his tobacco buyout payments, and proceeds from the sale of his farm.

Living with Emma and her husband for nearly two years, Moncie was kept secluded in their home and cut off from contact with other family members and long-time friends. The couple had disabled his vehicles, prevented his use of the telephone and used scare tactics to keep him from leaving the house, according to the court’s findings. Suspecting his food was being laced with drugs, Moncie lost 45 pounds.

The ordeal ended when Moncie pried open a door and escaped into the cold night on Jan. 10, 2008. “He just got desperate enough to leave,” said Pulley. Moncie walked for miles before getting help at a convenience store.

Emma and her husband denied any mistreatment. Emma claimed the transfers were all gifts to her. Moncie personally had signed every one of the documents that transferred property to her.

“The Plaintiff was competent, fully informed, and effectuated transfers that were consistent with his intent to give away the assets,” wrote the defense lawyers in their closing argument.

Moncie testified he never had any intent to give away his life savings to Emma. “We just convinced the judge he would sign anything Emma told him to sign,” Pulley said. “She said she was going to take care of him, and he believed her.”

In a written closing argument, Pulley stated, “They acted with an intent to take advantage of an old man who was vulnerable and trusting. Mr. Doss was victimized and his hard earned life savings were seized and depleted.”

The case turned on the credibility of the competing family members, and Alexander did not hesitate to rule for Moncie in Doss v. Doss (VLW 008-8-262.) He wrote, “Emma’s testimony is not credible. She has intentionally given false testimony during the course of the trial. … In contrast to Emma’s testimony, Moncie’s testimony is credible.”

Emma must have sealed her reputation with the judge when she was asked in open court in August what happened to $120,000 from the sale of one of her real estate purchases. “I used the money to pay them,” she said, pointing to the lawyers for herself and her husband. The lawyers later had to acknowledge their retainers were a good deal less than $120,000.

Later, Emma submitted an affidavit purporting to account for the funds, but the judge found it insufficient and ordered Emma locked up for contempt of court.

Describing the hearing, Pulley said the judge told Emma, in effect, “You’ve had two chances to tell the truth. I’m going to send you someplace where you have a chance to think about it.”

“And she’s still there,” Pulley said. Alexander ordered her release if she pays $25,000 of the award.

Pulley said that Moncie has recovered about $600,000 worth of property that he lost. Emma and her husband, Bobby, were ordered to sign documents in the courtroom transferring two properties and the tobacco payments to Moncie.

The defendants still owe much more under the judgment. Alexander ordered repayment of $1,141,027. For false imprisonment, he awarded $100,000 in compensatory damages and punitive damages of $50,000 “because of the outrageous conduct of Emma and Bobby.”

In closing argument, Pulley asked for pre-judgment interest because Virginia law made no provision for recovery of attorneys’ fees in the case. The judge agreed and added awards of prejudgment interest on various sums.

Alexander set an appeal bond of more than $4 million. Roanoke attorney Seth C. Weston, who represented Emma Doss, said he did not know if she would appeal. He declined to comment further.

It is not clear whether Emma and her husband, Bobby Doss, will face criminal charges in connection with the findings of fraud and false imprisonment. “To the best of my knowledge,” Pulley said, “it is not being investigated.” Pittsylvania County Commonwealth’s Attorney David Grimes did not immediately respond to an inquiry about possible criminal charges.

Investigation is “definitely warranted” according to Judith B. Sklar, a California prosecutor who has written about financial abuse of the elderly and who reviewed Alexander’s opinion letter.

The case also highlights the need to be aware of warning signs that elder abuse might be taking place, according to Sklar.
“There were a lot of red flags along the way that should have prevented this abuse and fraud,” Sklar wrote after reading the opinion. “Each of the unknowing enablers really should be trained to recognize the potential fraud — particularly those involved in executing the various documents.”

“Training by law enforcement to citizen groups as well as the professionals is also imperative, which may have alerted [Moncie’s other children] to suspect something amiss.”

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