ILNews

COA: Storage fees capped per statute

Back to TopE-mailPrintBookmark and Share

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.

ADVERTISEMENT

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I can understand a 10 yr suspension for drinking and driving and not following the rules,but don't you think the people who compleate their sentences and are trying to be good people of their community,and are on the right path should be able to obtain a drivers license to do as they please.We as a state should encourage good behavior instead of saying well you did all your time but we can't give you a license come on.When is a persons time served than cause from where I'm standing,its still a punishment,when u can't have the freedom to go where ever you want to in car,truck ,motorcycle,maybe their should be better programs for people instead of just throwing them away like daily trash,then expecting them to change because they we in jail or prison for x amount of yrs.Everyone should look around because we all pay each others bills,and keep each other in business..better knowledge equals better community equals better people...just my 2 cents

  2. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

  3. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  4. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  5. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

ADVERTISEMENT