Kyle Barnett Dec. 8, 2014, 4:43pm


GRETNA – A Nevada man who alleges he purchased a car while in Louisiana under false pretenses is suing the woman who allegedly wrongfully sold the vehicle to him.

Errol Orville John Porche filed suit against Andra Capaci, Mary S. Capaci and Robert G. Gostl in the 24th Judicial District Court on Sept. 25.

Porche contends that he was contemplating moving to the New Orleans area and that he was using Andra Capaci as his real estate agent and when he told her he needed a new car and she told him of a 2000 Lincoln Towncar she had for sale that belonged to her deceased father. The plaintiff asserts that after being shown the vehicle he bought it from Andra Capaci, who at the time maintained she was the executor of her father’s estate, for $6,000. Porche claims that although Gostl prepared a bill of sale for the vehicle and notarized it Andra Capaci never transferred the bill of sale of the title company and that when he returned to Nevada he was unable to obtain a Nevada title for the vehicle.

The plaintiff alleges when he contacted Andra Capaci to notify her of the problem she denied not having properly handled any of the paperwork and said he had everything he needed to obtain the new title. Porsche contends that only later was he alerted that the estate of Andra Capaci’s father had not yet been opened at the time of the sale, negating her ability to function as his executor.

The defendant is accused of breach of contract.

Damages in the amount of $2,532.42 for reimbursement for expenses plus unknown amount for the inability to obtain title.

Porche is represented by attorney Jerald R. Madere of Metairie.

The case has been assigned to Division K Judge Ellen Shirer Kovach.

Case no. 742-810.

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