ILNews

Denial of summary judgment upheld over questions of car ownership

Back to TopCommentsE-mailPrintBookmark and Share

The insurer of a car dealership is not entitled to summary judgment because there are genuine issues of material fact as to whether the dealership or the son of an employee who purchased a car from the dealership owned the car at the time the son hit a bicyclist.

The Indiana Court of Appeals upheld the denial of Auto-Owners Insurance Co.’s motion for summary judgment on its motion asking the court to determine that it had no liability for the injuries of the cyclist, Edward Foster, under the dealership’s commercial liability policy or a garage liability policy.

Foster was hit by a car driven by Garrett Gaddis. When he was 18, he purchased the car from his father, Scott Gaddis, who was a salesman at the dealership owned by Scott Gaddis’ father. Scott Gaddis “charged” the car to an account he had with the dealership, and the car’s title was never transferred to Garrett Gaddis’ name. He did not register or insure the car and it had a temporary license plate. The day Garrett Gaddis hit Foster while driving, he had taken the car without his father’s permission.

The trial court found material questions as to ownership, possession and control of the car and denied summary judgment. It also denied two motions to strike filed by Auto-Owners regarding “untimely filed evidence” and certain exhibits.

In Auto-Owners Insurance Company v. Bill Gaddis Chrysler Dodge, Inc., Garrett Gaddis and Edward Foster, 18A02-1112-PL-1087, the Court of Appeals found the trial court shouldn’t have allowed the four exhibits designated by Foster, which included Garrett Gaddis’ bank records and his employment records, because Foster’s attempt to certify and authenticate the four challenged exhibits was untimely. However, Auto-Owners didn’t show it was prejudiced by the denial of its motion to strike, Judge Edward Najam wrote. The judges also found the trial court didn’t err in granting Foster’s motion for extension of time to file a response in opposition to summary judgment, as it was timely filed under Ind. Trial Rule 56(C).

There are questions as to who owned the car at the time of the accident and whether Garrett Gaddis is an insured under the terms of the dealership’s garage liability policy, he wrote.  

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
2015 Distinguished Barrister &
Up and Coming Lawyer Reception

Tuesday, May 5, 2015 • 4:30 - 7:00 pm
Learn More


ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

ADVERTISEMENT