NIPSCO loses appeal of reinstatement of driving privileges

Back to TopCommentsE-mailPrintBookmark and Share

The Northern Indiana Public Service Company was unable to convince the Indiana Court of Appeals that a lower court erred when it reinstated the driving privileges of two people who had been involved in car accidents that damaged NIPSCO’s property.

Edward Sloan and Dashawn Cole had their driving privileges suspended because of failure to satisfy judgments entered in favor of NIPSCO due to the damage of the company’s property. Both men sought hearings on the matter, at which NIPSCO objected to reinstatement. The trial court, in separate hearings, ordered the men to comply with all of the provisions of I.C. 9-25-6-6, including providing proof of financial responsibility for the next three years to the Bureau of Motor Vehicles, the trial court, and NIPSCO; and to pay $50 a month until the judgment was paid in full.

NIPSCO appealed, and the cases were consolidated on its motion in Northen Indiana Public Service Company v. Edward A. Sloan, Dashawn L. Cole, 45A03-1307-SC-254.

One of NIPSCO’s arguments was that because driving privileges may not be suspended for more than seven years under I.C. 9-25-6-4, the installment payments must ensure that the judgment is paid off by that seven-year limit. But I.C. 9-25-6-6 is clear and unambiguous and its plain language does not include such a time limit on installment payments, Judge Michael Barnes wrote.

NIPSCO asserted that Cole and Sloan were required to prove to the trial court at the reinstatement hearing that they would maintain financial responsibility for at least three years. NIPSCO, however, cited no legal authority that proof of financial responsibility was to be submitted to the trial court at the hearing, Barnes pointed out.

The company also claimed that the men failed to file proposed plans at least five days prior to the hearing, as required under I.C. 9-35-6-6(b). The men each filed letters with the trial court indicating their desire to set up a payment plan, and these letters were forwarded to NIPSCO’s attorney at least five days before the hearing. The statute does not require a detailed installment plan be submitted by the judgment debtor prior to the hearing, the COA held.

The appellate judges ruled that the trial court property rejected NIPSCO’s equity arguments. Because it is more likely to get paid if Cole’s and Sloan’s driving privileges are reinstated, substantial justice is accomplished by following the law, Barnes wrote.

The judges also found that NIPSCO waived its argument regarding the trial court’s contacting the BMV by failing to object to that procedure during the hearing.  



  • Really NIPSCO?
    How do you suppose they pay $50 a month if they can't drive to work? It cost you more than that to hire lawyers just to bully two people.

Post a comment to this story

We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
You are legally responsible for what you post and your anonymity is not guaranteed.
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
Subscribe to Indiana Lawyer
  1. So the prosecutor made an error and the defendants get a full remedy. Just one short paragraph to undo the harm of the erroneous prosecution. Wow. Just wow.

  2. Wake up!!!! Lawyers are useless!! it makes no difference in any way to speak about what is important!! Just dont tell your plans to the "SELFRIGHTEOUS ARROGANT JERKS!! WHO THINK THEY ARE BETTER THAN ANOTHER MAN/WOMAN!!!!!!

  3. Looks like you dont understand Democracy, Civilized Society does not cut a thiefs hands off, becouse now he cant steal or write or feed himself or learn !!! You deserve to be over punished, Many men are mistreated hurt in many ways before a breaking point happens! grow up !!!

  4. It was all that kept us from tyranny. So sad that so few among the elite cared enough to guard the sacred trust. Nobody has a more sacred obligation to obey the law than those who make the law. Sophocles No man is above the law and no man is below it; nor do we ask any man's permission when we ask him to obey it. Obedience to the law is demanded as a right; not asked as a favor. Theodore Roosevelt That was the ideal ... here is the Hoosier reality: The King can do no wrong. Legal maxim From the Latin 'Rex non potest peccare'. When the President does it, that means that it is not illegal. Richard Nixon

  5. So men who think they are girls at heart can use the lady's potty? Usually the longer line is for the women's loo, so, the ladies may be the ones to experience temporary gender dysphoria, who knows? Is it ok to joke about his or is that hate? I may need a brainwash too, hey! I may just object to my own comment, later, if I get myself properly "oriented"