ILNews

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.  


 

ADVERTISEMENT

  • 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

COMMENTS POLICY
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

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. From the MCBA: “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer. HOPING that the MCBA will denouce the execution style killig of two NYC police officers this day, seemingly the act of one who likewise believes that the police are targeting blacks for murder and getting away with it. http://www.mediaite.com/online/two-nypd-cops-fatally-shot-in-ambush-in-brooklyn/ Pray this violence soon ends, and pray it stays far away from Indiana.

  2. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  3. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  4. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  5. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

ADVERTISEMENT