$4K Verdict in Skid Steer Dispute Over Fraud Claims
Case Background
In June 2023, Black Star Investment Group LLC purchased a used Bobcat T-66 skid steer from Pro Quip LLC, a Florida-based equipment reseller. Pro Quip’s website claimed the machine was “fully serviced,” under the original manufacturer’s warranty, and had only 628 hours of use. Plaintiff’s representative, Kwame Mills, visited Pro Quip’s premises and personally received the same assurances from Neil Marcellino, Pro Quip’s operator. Relying on these representations, Plaintiff paid $51,885 for the equipment.
Cause
Trouble began soon after the purchase. The machine exhibited mechanical issues, prompting Plaintiff to seek repairs from Bobcat of Broward. The dealer discovered the actual logged hours exceeded 2,760—nearly triple the amount represented. It also confirmed that the machine lacked warranty coverage and showed multiple internal error codes, contradicting claims of being “fully serviced.”
Subsequent investigation revealed that Dirt Toys LLC and Martha Ceballos (a.k.a. Marta Marcellino) had purchased the Bobcat at auction in April 2023 for $38,500. Using Martha’s maiden name and email, they masked ties to Pro Quip. They allegedly altered the machine’s hour meter before selling it through Pro Quip at an inflated price. Plaintiff alleged that the same individuals operated both Dirt Toys and Pro Quip out of the same location and orchestrated the entire scheme.
Injury
The Plaintiff received a machine with extensive undisclosed wear and no warranty protection. The Bobcat soon malfunctioned and required repairs. The Service Log confirmed that the hour meter had been digitally rolled back. Plaintiff not only overpaid but also lost the benefit of the warranty and service assurances. The misrepresentations disrupted Plaintiff’s business operations and imposed unexpected financial burdens.
Damages
Black Star claimed they overpaid significantly, estimating the true value was well below the $51,885 purchase price. They also incurred costs related to diagnostics, repair, and business interruptions. In total, Plaintiff seeks compensation for actual, incidental, and consequential damages arising from misrepresentation, breach of contract, and unjust enrichment.
Key Arguments and Proceedings
Legal Representation
Plaintiff: Black Star Investment Group LLC
Counsel for Plaintiff: Matthew M. Fischer
Defendants: Pro Quip LLC | Neil Marcellino | Martha Ceballos | Dirt Toys LLC
Counsel for Defendants: Robert M. Pasin
Claims
Plaintiff asserted the following causes of action:
Breach of Contract – Pro Quip LLC
Misrepresentation & FDUTPA Violation – Pro Quip LLC & Neil Marcellino
Aiding and Abetting Fraud – Martha Ceballos & Dirt Toys LLC
Unjust Enrichment – Pro Quip LLC, Neil Marcellino & Martha Ceballos
Plaintiff also moved to formally amend the complaint to add Dirt Toys LLC and Martha Ceballos as Defendants based on newly discovered facts during discovery. A jury trial was requested.
Defense
In response to the claims brought by Black Star Investment Group LLC, the defendants—Pro Quip LLC, Neil Marcellino, Martha Ceballos, and Dirt Toys LLC—broadly denied all allegations of fraud, misrepresentation, and breach of contract. They contended that no false statements were made regarding the skid steer’s condition, service history, or warranty, and denied any coordinated effort to defraud the Plaintiff. The defense also raised several legal objections, including failure to state a cause of action, lack of contractual privity (particularly for Dirt Toys LLC and Martha Ceballos), and the absence of provable damages.
Additionally, the Defendants suggested that Plaintiff may have failed to conduct adequate due diligence before the purchase and thus bore some responsibility for the outcome. Jurisdictional challenges and potential procedural defenses, such as the statute of limitations or laches, may also be explored as the case proceeds. Overall, the defense strategy focused on distancing the parties from the alleged scheme and undermining the sufficiency of Plaintiff’s factual and legal claims.
Jury Verdict
In Black Star Investment Group LLC v. Pro Quip LLC et al., the Broward County court found Pro Quip LLC liable for breach of contract and awarded $4,000 in damages. Claims of fraud and misrepresentation against all defendants were dismissed after the court found the plaintiff had waived them or was barred by disclaimers. Only Pro Quip LLC and Neil Marcellino were held jointly liable for $4,000 in total damages.