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COA: Storage fees capped per statute

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The Indiana Court of Appeals affirmed that the owner of a car involved in a fatal accident must pay storage fees to a towing company, but those fees must be capped at $1,500.

In Northwest Towing & Recovery v. State of Indiana, No. 18A02-0905-CV-409, Northwest Towing & Recovery appealed the denial of its motion to correct error after the trial court capped its storage-fee lien at $1,500 based on Indiana Code Section 32-33-10-5(b). The company had the lien against Frances Brinkley, the owner of the car involved in a fatal accident caused by her son. Brinkley cross-appealed arguing she shouldn't have had to pay anything to have her car returned.

The accident happened Oct. 8, 2006, and Northwest - based on a contract with the city of Muncie - towed the vehicle and stored it at a rate of $20 a day. The car remained in storage until the court ordered on Oct. 28, 2008, that the car be returned to Brinkley.

The trial court concluded Brinkley should be responsible for storage from the time of her son's sentencing in August 2007 until the car was released, but because of the statutory cap, she would only have to pay $1,500, plus other miscellaneous costs totaling $250.

Northwest argued the trial court order can't stand because Brinkley wasn't a party to the criminal proceedings, violating Indiana Trial Rule 17(A). The Court of Appeals decided that Northwest waived the issue because it invited the alleged error and never objected under Trial Rule 17(A) until the trial court ruled against it, wrote Chief Judge John Baker.

The appellate court also affirmed that I.C. Section 32-33-10-5(b) is applicable and capped the storage costs at $1,500. Northwest argued that I.C. 9-22-5-15(a) could apply - which has no caps - but that statute is only applicable when work or storage is done at the request of the owner, wrote the chief judge. Brinkley never requested her car be stored at Northwest - the Muncie Police Department originally requested it and her son asked for continued storage until his trial so the car could be preserved for evidence.

To allow Northwest to proceed under I.C. 9-22-5-15(a) "would permit Northwest to proceed with a lien that would effectively ignore the specific limitations and circumvent the statutory cap that became effective in 2005," wrote Chief Judge Baker.

The Court of Appeals also affirmed the order that Northwest title the car back to Brinkley.

The appellate judges ruled Brinkley should be responsible for the $1,500 in storage fees even though her son caused the fees to be incurred. She never requested the car returned to her after her son was sentenced, so the trial court could reasonably infer she permitted the continued storage of the car.

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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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