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Cunningham Corvette No. 1 court battle: Updates
Le Mans racer remains at center of legal dispute
The Cunningham 1960 Chevrolet Corvette No. 1 in a happier, less litigious time.
By: Graham Kozak on 6/17/2013
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The court battle to settle the fate of the long-lost Cunningham Corvette No. 1 continues. As Corvette Blogger reports, U.S. Middle District Judge John E. Jones III has denied a request made by the Vette's apparent current owner, Kevin Mackay, to have the lawsuit brought against him by the son of a previous owner, Dan Mathis Jr., dismissed.
Sound like a complicated situation? It is.
The Corvette is one of three 1960 cars prepared by Briggs Cunningham for entry in the 24 Hours of Le Mans that same year. After failing to complete the race due to a fire, the car was converted for road use before completely dropping out of the public eye. It remained missing for more than two decades before it was rediscovered last June in a warehouse full of cars, car parts and furniture.
Cunningham cars Nos. 2 and 3 have been restored and may be worth over $1 million apiece -- which ought to provide some idea of what No. 1, driven by Cunningham himself, could fetch if it were to go to auction.
But it's hard to say when or if the car will head to the restoration shop, let alone the auction block. It's been tied up in court for months -- almost since its rediscovery has been publicly known.
Recall that the long-lost car turned up just in time for the August 2012 Corvettes at Carlisle show, where it was supposed to be seen by the adoring masses. The car was previewed briefly before being suddenly pulled from display less than an hour before it was to be shown to the public. At the time, Carlisle officials claimed that the car had been sold to a third party (later revealed to be Corvette restorer Kevin Mackay) and that it was
Soon after the car was pulled from display, Florida resident Dan Mathis Jr. asserted ownership of the car, claiming that his father purchased it in the 1970s. He even presented a title for the vehicle -- albeit a title issued on Aug. 17, 2012, just days before the car was scheduled to be shown at Carlisle.
According to Mathis, the car was stolen decades ago. He says he forgot about it, but his interest was predictably rekindled once its celebrity heritage -- and value -- became known. A months-long court battle followed in the wake of his claim.
Mackay recently attempted to get Mathis' suit dismissed, arguing that too much time had passed between the alleged theft of the car and Mathis' attempts to recover it. According to Corvette Blogger, however, a judge has just dismissed Mackay's argument -- all but assuring that the battle will drag on (and on, and on).
That a car likely worth seven figures would trigger a protracted court battle isn't exactly a surprise, but the ongoing confusion and series of surprise revelations make this one a doozy. We'll let you know if it ever gets sorted out.
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Read more: http://www.autoweek.com/article/2013...#ixzz2Wafhp45c
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Cunningham Corvette No. 1 court battle: Updates
Le Mans racer remains at center of legal dispute
The Cunningham 1960 Chevrolet Corvette No. 1 in a happier, less litigious time.
By: Graham Kozak on 6/17/2013
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Shopping for a NEW or USED VEHICLE?Click here to START YOUR SEARCH.
The court battle to settle the fate of the long-lost Cunningham Corvette No. 1 continues. As Corvette Blogger reports, U.S. Middle District Judge John E. Jones III has denied a request made by the Vette's apparent current owner, Kevin Mackay, to have the lawsuit brought against him by the son of a previous owner, Dan Mathis Jr., dismissed.
Sound like a complicated situation? It is.
The Corvette is one of three 1960 cars prepared by Briggs Cunningham for entry in the 24 Hours of Le Mans that same year. After failing to complete the race due to a fire, the car was converted for road use before completely dropping out of the public eye. It remained missing for more than two decades before it was rediscovered last June in a warehouse full of cars, car parts and furniture.
Cunningham cars Nos. 2 and 3 have been restored and may be worth over $1 million apiece -- which ought to provide some idea of what No. 1, driven by Cunningham himself, could fetch if it were to go to auction.
But it's hard to say when or if the car will head to the restoration shop, let alone the auction block. It's been tied up in court for months -- almost since its rediscovery has been publicly known.
Recall that the long-lost car turned up just in time for the August 2012 Corvettes at Carlisle show, where it was supposed to be seen by the adoring masses. The car was previewed briefly before being suddenly pulled from display less than an hour before it was to be shown to the public. At the time, Carlisle officials claimed that the car had been sold to a third party (later revealed to be Corvette restorer Kevin Mackay) and that it was
Soon after the car was pulled from display, Florida resident Dan Mathis Jr. asserted ownership of the car, claiming that his father purchased it in the 1970s. He even presented a title for the vehicle -- albeit a title issued on Aug. 17, 2012, just days before the car was scheduled to be shown at Carlisle.
According to Mathis, the car was stolen decades ago. He says he forgot about it, but his interest was predictably rekindled once its celebrity heritage -- and value -- became known. A months-long court battle followed in the wake of his claim.
Mackay recently attempted to get Mathis' suit dismissed, arguing that too much time had passed between the alleged theft of the car and Mathis' attempts to recover it. According to Corvette Blogger, however, a judge has just dismissed Mackay's argument -- all but assuring that the battle will drag on (and on, and on).
That a car likely worth seven figures would trigger a protracted court battle isn't exactly a surprise, but the ongoing confusion and series of surprise revelations make this one a doozy. We'll let you know if it ever gets sorted out.
Get more car news, reviews and opinion every day: Sign up to have the Autoweek Daily Drive delivered right to your inbox.
Read more: http://www.autoweek.com/article/2013...#ixzz2Wafhp45c
Follow us: @AutoweekUSA on Twitter | AutoweekUSA on Facebook