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Justices take question on salvage statute

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The Indiana Supreme Court has accepted a certified question from the 7th Circuit Court of Appeals about a statute on salvage titles that the federal court deemed ambiguous.

The high court accepted the certified question Jan. 21, which stems from the case Larry D. Storie v. Randy's Auto Sales, LLC, et al., No. 94S00-0912-CQ-559. The 7th Circuit sent the question: Whether an entity that purchases and later sells a wrecked vehicle is required to apply for a salvage title under Indiana Code Section 9-22-3-11(e) when it no longer owns the vehicle upon receipt of the certificate of title.

The issue arose when Larry Storie sued Randy's Auto Sales and St. Paul Mercury Insurance Co. in federal court after he found out a truck he purchased had been involved in a fatal accident. St. Paul Mercury Insurance Co., the insurer of the truck, 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. Storie purchased the truck from a truck center in Missouri. When Randy's received the title from St. Paul, it forwarded it on to the purchaser of the truck, which made its way to Storie.

Storie sued because he believed Randy's violated I.C. Section 9-22-3-11(e), which says "Any other person acquiring a wrecked or damaged motor vehicle ... which acquisition is not evidenced by a certificate of salvage title, shall apply to the bureau within thirty-one (31) days after receipt of the certificate of title for a certificate of salvage title."

The District judge granted summary judgment for Randy's Auto Sales, but on appeal, the Circuit Court determined the statute in question is ambiguous and since there is no controlling Indiana precedent on the case, certified the question to the Indiana Supreme Court Dec. 17.

The justices noted in the order they would rely on the briefs and other documents already filed with or issued by the 7th Circuit but allowed the parties until Feb. 3 to file an additional brief in response to the appellate opinion.

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  1. Based on several recent Indy Star articles, I would agree that being a case worker would be really hard. You would see the worst of humanity on a daily basis; and when things go wrong guess who gets blamed??!! Not biological parent!! Best of luck to those who entered that line of work.

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  4. Law school is social control the goal to produce a social product. As such it began after the Revolution and has nearly ruined us to this day: "“Scarcely any political question arises in the United States which is not resolved, sooner or later, into a judicial question. Hence all parties are obliged to borrow, in their daily controversies, the ideas, and even the language, peculiar to judicial proceedings. As most public men [i.e., politicians] are, or have been, legal practitioners, they introduce the customs and technicalities of their profession into the management of public affairs. The jury extends this habitude to all classes. The language of the law thus becomes, in some measure, a vulgar tongue; the spirit of the law, which is produced in the schools and courts of justice, gradually penetrates beyond their walls into the bosom of society, where it descends to the lowest classes, so that at last the whole people contract the habits and the tastes of the judicial magistrate.” ? Alexis de Tocqueville, Democracy in America

  5. Attorney? Really? Or is it former attorney? Status with the Ind St Ct? Status with federal court, with SCOTUS? This is a legal newspaper, or should I look elsewhere?

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