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Denial of summary judgment upheld over questions of car ownership

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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.  

 

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  1. I grew up on a farm and live in the county and it's interesting that the big industrial farmers like Jeff Shoaf don't live next to their industrial operations...

  2. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

  3. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  4. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  5. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

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