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Friday, December 18, 2009

Ind. Decisions - 7th Circuit issues one Indiana decision Dec. 17; certifying question to our Supreme Court

In Larry Storie v. Randy's Auto Sales (SD Ind., Judge Lawrence), a 16-page opinion, Judge Cudahy writes:

In 2004, Larry D. Storie bought a truck that had been involved in a fatal accident the previous year. Claiming that he had been misled about the truck’s history, he brought suit against a number of companies that had owned the truck between the time of the accident and his purchase of it. The present case concerns Storie’s lawsuit against Randy’s Auto Sales, LLC. He alleges that Randy’s failed to apply for a salvage title, as it was required to do under Indiana law. The district court granted summary judgment in favor of Randy’s, finding that Ind. Code § 9-22-3-11(e) does not require an entity that acquired a wrecked vehicle to apply for a salvage title when it no longer owns the vehicle upon the receipt of the certificate of title. Because this case turns on the interpretation of an ambiguous state statute, we certify the case to the Supreme Court of Indiana. * * *

We certify to the Indiana Supreme Court the question whether an entity that purchases and later sells a wrecked vehicle is required to apply for a salvage title under Ind. Code § 9-22-3-11(e) when it no longer owns the vehicle upon receipt of the certificate of title. The clerk of this Court shall transmit the briefs and appendices in this case as well as a copy of this opinion to the Supreme Court of Indiana.

Posted by Marcia Oddi on December 18, 2009 08:40 AM
Posted to Ind. (7th Cir.) Decisions