Jury Awards $50,000 to Victim of AFC Car Theft
Complaint
Hanover
Country: United States
Don Mackela owned a 1999 Dodge Grand Caravan. Lyman Auto Sales owner James Bentley allowed Mackela to park the Dodge on Bentley’s used car lot and agreed to assist Mackela in the sale of the vehicle.
Automotive Finance Corporation (AFC) financed vehicle inventory loans for Lyman Auto Sales. When the dealer became delinquent, AFC took 42 vehicles off the lot, including Mackels’s Dodge. AFC only had titles to 21 vehicles yet claimed rights in all cars.
Mackela sued AFC for conversion and, at trial, testified he called AFC to retrieve the Dodge, but AFC would not return the Dodge unless Mackela “paid for it.” Mackela explained: “I’m already paying for it.” AFC replied: “Well, you’re going to have to pay for it again if you want to take it. We won’t give you a release.”
The jury awarded Don Mackela damages of $13,320 and $50,000 in punitive damages. AFC appealed.
The South Carolina Court of Appeals ruled that AFC’s conduct warranted the award of punitive damages. AFC admitted at trial that at the time it executed the writ of attachment, none of the vehicles on Bentley’s lot were listed in the floor plan agreement.
The court noted that AFC had other suits filed against it alleging similar conduct.
http://www.judicial.state.sc.us/opinions/HTMLFiles/COA/3976.htm
Automotive Finance Corporation (AFC) financed vehicle inventory loans for Lyman Auto Sales. When the dealer became delinquent, AFC took 42 vehicles off the lot, including Mackels’s Dodge. AFC only had titles to 21 vehicles yet claimed rights in all cars.
Mackela sued AFC for conversion and, at trial, testified he called AFC to retrieve the Dodge, but AFC would not return the Dodge unless Mackela “paid for it.” Mackela explained: “I’m already paying for it.” AFC replied: “Well, you’re going to have to pay for it again if you want to take it. We won’t give you a release.”
The jury awarded Don Mackela damages of $13,320 and $50,000 in punitive damages. AFC appealed.
The South Carolina Court of Appeals ruled that AFC’s conduct warranted the award of punitive damages. AFC admitted at trial that at the time it executed the writ of attachment, none of the vehicles on Bentley’s lot were listed in the floor plan agreement.
The court noted that AFC had other suits filed against it alleging similar conduct.
http://www.judicial.state.sc.us/opinions/HTMLFiles/COA/3976.htm
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