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NIPSCO loses appeal of reinstatement of driving privileges

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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.  


 

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  • 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.

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  1. Please I need help with my class action lawsuits, im currently in pro-se and im having hard time findiNG A LAWYER TO ASSIST ME

  2. Access to the court (judiciary branch of government) is the REAL problem, NOT necessarily lack of access to an attorney. Unfortunately, I've lived in a legal and financial hell for the past six years due to a divorce (where I was, supposedly, represented by an attorney) in which I was defrauded of settlement and the other party (and helpers) enriched through the fraud. When I attempted to introduce evidence and testify (pro se) in a foreclosure/eviction, I was silenced (apparently on procedural grounds, as research I've done since indicates). I was thrown out of a residence which was to be sold, by a judge who refused to allow me to speak in (the supposedly "informal") small claims court where the eviction proceeding (by ex-brother-in-law) was held. Six years and I can't even get back on solid or stable ground ... having bank account seized twice, unlawfully ... and now, for the past year, being dragged into court - again, contrary to law and appellate decisions - by former attorney, who is trying to force payment from exempt funds. Friday will mark fifth appearance. Hopefully, I'll be allowed to speak. The situation I find myself in shouldn't even be possible, much less dragging out with no end in sight, for years. I've done nothing wrong, but am watching a lot of wrong being accomplished under court jurisdiction; only because I was married to someone who wanted and was granted a divorce (but was not willing to assume the responsibilities that come with granting the divorce). In fact, the recalcitrant party was enriched by well over $100k, although it was necessarily split with other actors. Pro bono help? It's a nice dream ... but that's all it is, for too many. Meanwhile, injustice marches on.

  3. Both sites mentioned in the article appear to be nonfunctional to date (March 28, 2017). http://indianalegalanswers.org/ returns a message stating the "server is taking too long to respond" and http://www.abafreelegalasnswers.org/ "can't find the server". Although this does not surprise me, it is disheartening to know that access to the judicial branch of government remains out of reach for too many citizens (for procedural rather than meritorious reasons) of Indiana. Any updates regarding this story?

  4. I've been denied I appeal court date took a year my court date was Nov 9,2016 and have not received a answer yet

  5. Warsaw indiana dcs lying on our case. We already proved that in our first and most recent court appearance i need people to contact me who have evidence of dcs malpractice please email or facebook nathaniel hollett thank you

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