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Indiana justices answer certified question from federal court

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The Indiana Supreme Court says that a person or business that buys and later sells a wrecked vehicle must apply for a salvage title as required by state law, even if that vehicle’s been sold by the time that certificate is received.

Taking up the case of Larry D. Storie v. Randy’s Auto Sales LLC v. St. Paul Mercury Insurance Company, No. 94S00-0912-CQ-559, justices turned to an issue that came up through a certified question by the 7th Circuit Court of Appeals that handled a civil action out of Indianapolis in Storie v. Randy’s Auto Sales, LLC, 589 F.3d 873, 881 (7th Cir. 2009).

Storie bought a truck that had been involved in a fatal accident in 2003. The truck’s insurer, St. Paul Mercury Insurance Co., applied for a title as proof of ownership but didn't apply for a salvage title. The truck was sold several times - including by Randy's in Indiana - before St. Paul finally received the title. When Storie learned the truck was involved in the fatal accident and felt he’d been misled about the history, he sued Randy's in federal court in the Southern District of Indiana for failing to apply for a salvage title as required by Indiana Code §9-22-3-11(e).

In February 2009, U.S. District Court Judge William T. Lawrence from Indianapolis granted summary judgment in favor of Randy’s Auto Sales, but the 7th Circuit found the case hinged on the interpretation of how state law applies to Storie’s claim on the salvage title.

In analyzing the case, Indiana’s justices noted the specific focus of the certified question is whether ongoing ownership is required by the statute; they didn’t determine whether the phrase “any other person” in the law applies to auto dealers or whether dealers can rely on insurance companies as gatekeepers – both issues the federal appeals court already ruled on and rejected. Justices analyzed the law’s language to determine that the question’s answer is affirmative.

“While acknowledging that Indiana Code §9-22-3-11 is not free from ambiguity, we find persuasive the legislature’s use of ‘acquiring’ rather than ‘owning,’ the 31 day grace period within which to apply for a certificate of salvage title after receiving the original certificate of title, and the harmful consequences that could result if ‘acquiring’ were construed to mean ‘owning’,” Justice Brent Dickson wrote for the unanimous court. “That is, an entity that purchases and later sells a wrecked vehicle is required to apply for a salvage title under Indiana Code §9-22-3-11(e), even if it no longer continues to own the vehicle when it receives the certificate of title. The relinquishment of ownership of the salvage vehicle does not extinguish the obligation to apply for a salvage title.”

 

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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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