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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. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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