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. This is ridiculous. Most JDs not practicing law don't know squat to justify calling themselves a lawyer. Maybe they should try visiting the inside of a courtroom before they go around calling themselves lawyers. This kind of promotional BS just increases the volume of people with JDs that are underqualified thereby dragging all the rest of us down likewise.

  2. I think it is safe to say that those Hoosier's with the most confidence in the Indiana judicial system are those Hoosier's who have never had the displeasure of dealing with the Hoosier court system.

  3. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  4. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  5. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.