ILNews

Federal judge gives green light to trial

Michael W. Hoskins
January 1, 2007
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A federal judge in Indianapolis has ruled a lawsuit can proceed to trial over a "very fast, and valuable, race car."

The Not for Publication opinion issued Wednesday by U.S. District Judge John D. Tinder is Reginald D. "Don" Whittington Jr. v. Indianapolis Motor Speedway Foundation a.k.a. Hall of Fame Museum, No. 1:06-cv-0333-JDT-TAB.

Judge Tinder denied motions for summary judgment and determined that a trial is the only likely way to resolve this dispute involving the ownership of a famous Porsche 935 used in the French car race that is considered the Indianapolis 500 of endurance racing.

In 1979, the driver racing team of brother Don and Bill Whittington and German driver Klaus Ludwig won the 24 Hours of Le Mans that is raced in France each year on a circuit that combines racetrack and closed public roads. This litigation focuses on the ownership of the Whittingtons' 935 K-3 racecar, which both parties disagree whether it was donated or loaned to the IMS Museum of History in the early 1980s.

After giving the car to the IMS, Don Whittington raced for several years before dissolving the brothers' racing company, spending time in prison for tax conspiracy, and eventually asking in August 2004 for the Porsche to be returned so he could show it at a vintage car event in Florida. The IMS Foundation - which had maintained, insured for $375,000, and periodically displayed the car for more than 20 years - declined to return the Porsche it classified as a donation. This suit was filed in February 2006.

In Judge Tinder's ruling, he notes that neither party can point to written records establishing the nature of the ownership transfer - "the history of the Porsche 935 K-3 is little more than a story of handshake deals," the judge wrote.

As a result, he denied Whittington's motion for summary judgment on claims of conversion and replevin, and also denied the Foundation's motions for summary judgment on statute of limitations and laches grounds.
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  1. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

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  3. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  4. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

  5. I have no doubt that the ADA and related laws provide that many disabilities must be addressed. The question, however, is "by whom?" Many people get dealt bad cards by life. Some are deaf. Some are blind. Some are crippled. Why is it the business of the state to "collectivize" these problems and to force those who are NOT so afflicted to pay for those who are? The fact that this litigant was a mere spectator and not a party is chilling. What happens when somebody who speaks only East Bazurkistanish wants a translator so that he can "understand" the proceedings in a case in which he has NO interest? Do I and all other taxpayers have to cough up? It would seem so. ADA should be amended to provide a simple rule: "Your handicap, YOUR problem". This would apply particularly to handicapped parking spaces, where it seems that if the "handicap" is an ingrown toenail, the government comes rushing in to assist the poor downtrodden victim. I would grant wounded vets (IED victims come to mind in particular) a pass on this.. but others? Nope.

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