ILNews

Ex-racer loses appeal on Porsche ownership

Back to TopCommentsE-mailPrintBookmark and Share

The 7th Circuit Court of Appeals has issued its take on an ownership dispute over a classic 1979 Porsche on display at the Indianapolis Motor Speedway Foundation's Hall of Fame Museum.

Affirming now-senior U.S. Judge Larry McKinney in Indianapolis, the three-judge Circuit panel rejected the claims by a former racer who claimed that he'd loaned, not donated, the car and that it should be returned to him. The case is Reginald D. Whittington, Jr., v. Indianapolis Motor Speedway Foundation Inc, No. 08-3352.

Former driver Don Whittington - who comes from a racing family and had raced in five Indianapolis 500s and made many other high-profile races through the 1970s and '80s - sued IMS over the Kremer Racing Porsche 935 K3, which he'd driven to win the 1979 Le Mans 24-hour endurance race in France. Whittington delivered the car to the museum in the 1980s for display, but in 2004 he claimed the car should be returned because it was only on loan. The IMS refused to return the car because it had recorded the transaction as a donation in kind from Whittington and his brother Bill.

He sued for tortious conversion and replevin of the automobile, arguing in part that a conversation with former IMS grounds superintendent Charles Thompson, now deceased, had the authority to make that deal with him on behalf of the foundation. Though the car insurance was paid by the museum, various testimony and documents showed differing accounts about who the actual owner was through the years. Whittington hadn't maintained much contact with the foundation since the late '80s, when he pled guilty to federal money-laundering charges and spent 18 months in prison. At the time, he was connected to a scandal where many drivers financed their racing activities with drug-smuggling proceeds.

In 2008, Judge McKinney held a one-day bench trial and ruled against Whittington. He described the case largely a battle of witnesses who provided conflicting testimony, finding in favor of the IMS because Whittington failed to prove he owned the classic car.

The 7th Circuit agreed, pointing out that Judge McKinney made a salient and proper note of the fact that Whittington's post-transaction behavior was inconsistent with the car being on loan - mainly because he made no effort to communicate with the foundation between the 1980s and the 2004 demand.

The court decided Judge McKinney didn't clearly err in finding that Whittington failed to prove a property right for the vehicle, nor did the judge make a mistake in placing the burden of proof on Whittington as Indiana law requires. The court didn't address the donative intent, because Judge McKinney hadn't made any finding on that point.

"We are handicapped, as is Whittington, by the lack of documentation with respect to the nature of the transaction between him and the Foundation," Circuit Judge Michael Kanne wrote. "As observed by a member of this court at oral argument, the lesson for Whittington should be that an unwritten contract is not worth the paper it isn't written on."

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
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. "...not those committed in the heat of an argument." If I ever see a man physically abusing a woman or a child and I'm close enough to intercede I will not ask him why he is abusing her/him. I will give him a split second to cease his attack and put his hands in the air while I call the police. If he continues, I will still call the police but to report, "Man down with a gunshot wound,"instead.

  2. And so the therapeutic state is weaonized. How soon until those with ideologies opposing the elite are disarmed in the name of mental health? If it can start anywhere it can start in the hoosiers' slavishly politically correct capital city.

  3. So this firebrand GOP Gov was set free by a "unanimous Supreme Court" , a court which is divided, even bitterly, on every culture war issue. WHAT A RESOUNDING SLAP in the Virginia Court's face! How bad must it have been. And all the journalists, lap dogs of the status quo they are, can do is howl that others cannot be railroaded like McDonald now??? Cannot reflect upon the ruining of Winston and Julia's life and love? (Oh I forget, the fiction at this Ministry of Truth is that courts can never err, and when they do, and do greatly, as here, why then it must be ignored, since it does not compute.)

  4. My daughter is a addict and my grandson was taken by DCS and while in hospital for overdose my daughter was told to sign papers from DCS giving up her parental rights of my grandson to the biological father's mom and step-dad. These people are not the best to care for him and I was never called or even given the chance to take him, but my daughter had given me guardianship but we never went to court to finalize the papers. Please I have lost my daughter and I dont want to lose my grandson as well. I hope and look forward to speaking with you God Bless and Thank You for all of your help

  5. To Bob- Goooooood, I'm glad you feel that way! He's alive and happy and thriving and out and I'm his woman and we live in West Palm Beach Florida, where his parents have a sprawling estate on an exclusive golf course......scum bag

ADVERTISEMENT