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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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  2. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

  3. I agree. My husband has almost the exact same situation. Age states and all.

  4. Thanks Jim. We surprised ourselves with the first album, so we did a second one. We are releasing it 6/30/17 at the HiFi. The reviews so far are amazing! www.itsjustcraig.com Skope Mag: It’s Just Craig offers a warm intimacy with the tender folk of “Dark Corners”. Rather lovely in execution, It’s Just Craig opts for a full, rich sound. Quite ornate instrumentally, the songs unfurl with such grace and style. Everything about the album feels real and fully lived. By far the highlight of the album are the soft smooth reassuring vocals whose highly articulate lyrics have a dreamy quality to them. Stories emerge out of these small snapshots of reflective moments.... A wide variety of styles are utilized, with folk anchoring it but allowing for chamber pop, soundtrack work, and found electronics filtering their way into the mix. Without a word, It’s Just Craig sets the tone of the album with the warble of “Intro”. From there things get truly started with the hush of “Go”. Building up into a great structure, “Go” has a kindness to it. Organs glisten in the distance on the fragile textures of “Alone” whose light melody adds to the song’s gorgeousness. A wonderful bloom of color defines the spaciousness of “Captain”. Infectious grooves take hold on the otherworldly origins of “Goodnight” with precise drum work giving the song a jazzy feeling. Hazy to its very core is the tragedy of “Leaving Now”. By far the highlight of the album comes with the closing impassioned “Thirty-Nine” where many layers of sound work together possessing a poetic quality.

  5. Andrew, if what you report is true, then it certainly is newsworthy. If what you report is false, then it certainly is newsworthy. Any journalists reading along??? And that same Coordinator blew me up real good as well, even destroying evidence to get the ordered wetwork done. There is a story here, if any have the moxie to go for it. Search ADA here for just some of my experiences with the court's junk yard dog. https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert Yep, drive by shootings. The lawyers of the Old Dominion got that right. Career executions lacking any real semblance of due process. It is the ISC way ... under the bad shepard's leadership ... and a compliant, silent, boot-licking fifth estate.

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