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Circuit certifies question for Supreme Court

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The 7th Circuit Court of Appeals concluded an Indiana statute dealing with salvage titles is ambiguous and it should be up to the state's highest court to interpret it.

In Larry D. Storie v. Randy's Auto Sales, LLC, et al., No. 09-1675, the Circuit Court certified the question of whether an entity that buys and later sells a wrecked vehicle is required to apply for a salvage title under Indiana Code Section 9-22-3-11(e) when it no longer owns the vehicle when it receives the certificate of title.

U.S. District Judge William T. Lawrence of the Southern District of Indiana ruled no and granted summary judgment in favor of Randy's Auto Sales in Storie's lawsuit against the dealer. Judge Lawrence found a lack of continuing ownership absolved an acquiring person of any obligation to apply for a salvage title when it receives the certificate of title.

Storie bought a truck that had been involved in a fatal accident in 2003 in Indiana. St. Paul Mercury Insurance Co., the insurer of the truck, applied for a title as proof of ownership but didn't apply for a salvage title. The truck was sold several times - including by Randy's in Indiana - before St. Paul finally received the title. Storie purchased the truck from a truck center in Missouri. When Randy's received the title from St. Paul, it forwarded it on to the purchaser of the truck, which made its way to Storie.

When Storie learned the truck was involved in the fatal accident, he brought a suit against Randy's in federal court in the Southern District of Indiana. He believed Randy's violated I.C. Section 9-22-3-11(e), which says "Any other person acquiring a wrecked or damaged motor vehicle ... which acquisition is not evidenced by a certificate of salvage title, shall apply to the bureau within thirty-one (31) days after receipt of the certificate of title for a certificate of salvage title."

Circuit Judge Richard Cudahy noted the statute in question is "not a model of clarity" and competing interpretations of the statute means it's ambiguous. The Circuit Court ruled the present case turns on the meaning of the statute and certified the issue to the Indiana Supreme Court to interpret.

"Since we decline to follow (Riha v. State Farm Mutual Automobile Ins. Co.) and (Storie v. Duckett Truck Center Inc.) and because we conclude that Randy's was properly subject to the provisions of the Indiana salvage title, the interpretation of Ind. Code § 9-22-3-11(e) is determinative of the present case," wrote Judge Cudahy. "Since there is no clear controlling Indiana precedent, it is appropriate to certify this issue to the Supreme Court of Indiana under both Indiana Rule of Appellate Procedure 64 and our Circuit Rule 52."

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  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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