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Ex-racer loses appeal on Porsche ownership

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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."

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  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.

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