Bell Leasing Brokerage, LLC v. Roger Auto Service, Inc.

865 N.E.2d 558, 372 Ill. App. 3d 461, 310 Ill. Dec. 234, 2007 Ill. App. LEXIS 314
CourtAppellate Court of Illinois
DecidedMarch 30, 2007
Docket1-05-2313
StatusPublished
Cited by24 cases

This text of 865 N.E.2d 558 (Bell Leasing Brokerage, LLC v. Roger Auto Service, Inc.) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bell Leasing Brokerage, LLC v. Roger Auto Service, Inc., 865 N.E.2d 558, 372 Ill. App. 3d 461, 310 Ill. Dec. 234, 2007 Ill. App. LEXIS 314 (Ill. Ct. App. 2007).

Opinion

JUSTICE O’HARA FROSSARD

delivered the opinion of the court:

Bell Leasing Brokerage, LLC (Bell), brought an action sounding in detinue and conversion against Roger Auto Service, Inc. (Roger’s Towing), alleging that Roger’s Towing wrongfully towed and retained a vehicle in which Bell had a perfected security interest, and sued Waldermar Rodriguez and Carmen Rodriguez for breach of contract. Following a bench trial, the circuit court ordered Roger’s Towing to return the vehicle to Bell and pay $10,000 damages. On appeal, Roger’s Towing contends that (1) the trial court’s finding that the vehicle was not abandoned was contrary to the manifest weight of the evidence; (2) the trial court’s imposition of a money judgment based partly on a finding that Roger’s Towing did not comply with a default order was contrary to the manifest weight of the evidence; (3) the trial court erred in finding that Bell was not required to present law enforcement with proof of its right to possession, that Bell was not required to pay Roger’s Towing for incurred towing and storage charges, and that Roger’s Towing was required to respond to a phone call from Bell’s president and a letter from Bell’s attorney; and (4) the trial court’s award of damages was contrary to the manifest weight of the evidence and constituted an abuse of discretion. Waldermar Rodriguez and Carmen Rodriguez are not parties to this appeal.

BACKGROUND

On February 24, 2003, Waldermar Rodriguez and Carmen Rodriguez purchased a van from Bell. Pursuant to the retail installment contract they executed, the Rodriguezes granted a security interest in the van to Bell. Bell perfected its security interest in the van by delivering the original certificate of title to the Illinois Secretary of State.

At trial, Officer Paul Norrington testified that on January 2, 2004, the van was parked on a public roadway .in Franklin Park, Illinois. He stated that the van did not have a license plate or municipal vehicle sticker, and was missing one rear window wiper blade. He agreed that, overall, the van was “in pretty good condition.” Officer Norrington testified that he placed a sticker on the van indicating it was abandoned. Eight days later, on January 10, 2004, Officer Norrington observed the van in the same location and the same condition. He concluded that the van was deserted based on “[t]he amount of dirt and snow that had accumulated around the vehicle, the dirt that had deposited itself on the vehicle.” Officer Norrington notified his dispatchers about the van, which was then towed away by Roger’s Towing.

Bell’s president, Robert Doppelt, testified that on January 28, 2004, Bell received a letter from the Cook County sheriff regarding the van being towed. The letter, which was admitted into evidence, was titled “Owner Notification” and indicated that the van had been towed and was being stored at Roger’s Towing. According to Doppelt’s testimony, the Rodriguezes were current in their payments to Bell at that time. The next day, Doppelt called Roger’s Towing and related that Bell was the lienholder on the van. When the person on the phone reported that Bell would have to pay $1,000 to get the van back, Doppelt said, “[H]ave your boss call me.” Doppelt did not receive a call, so he contacted Bell’s legal firm. Doppelt testified that the van was never delivered to Bell.

On February 2, 2004, Bell’s counsel sent a letter to Roger’s Towing seeking to make arrangements for the return of the van and stating that Bell would be willing to pay $175 for the cost of towing and storage. Roger Tomaras, the president of Roger’s Towing, testified that he did not respond to the letter, either orally or in writing. When asked his reason for not responding, he stated, “Well, I’m not in a custom of having people tell me what they’re going to pay for what I do, my services.”

On February 19, 2004, Bell filed suit. Bell’s complaint originally listed the president of Roger’s Towing, Roger Tomaras, as party defendant. Tomaras acknowledged that he was personally served with process on February 20, 2004. He testified that he did not appear in court in response to the summons because, “I was trying to contact people to find out what I had to do. Police, lawyers, that type of thing.” Tomaras denied that he forgot about the court hearing and denied that he overlooked it.

On February 26, 2004, the trial court entered a default judgment against Tomaras based on his failure to appear or answer. The order compelled Tomaras to “deliver the Vehicle to Plaintiffs principal place of business at 2296 N. Rand Road, Palatine, Illinois, on or before March 4, 2004.” Tomaras testified that he did not comply with the default order. When asked at trial why he did not deliver the van to Bell, Tomaras answered as follows:

“I wanted to retain an attorney to see what I had to do here. This was not, I believe, in the company’s name, it was in my personal deal. I was just totally confused and I wasn’t getting response [sic] of what this was all about. I’m just not used to all this. This is — I don’t do this. I got called to tow a car. We tow the car, we have a bill of towing and storage, then I’m told to take the car and bring it somewhere else. I wanted to get confirmation of what this was all about.”

On March 19, 2004, Tomaras filed a motion to vacate the default order, and on April 16, 2004, the trial court entered an order vacating the default judgment and substituting Roger’s Towing as party defendant.

At trial, Officer Robert Rudow, an investigator with the Cook County sheriffs police department who had been working in the sheriffs automobile department for five years, testified that he was familiar with the condition of the van at issue and was familiar generally with values of automobiles. Each month, he generated a report indicating the value of all the vehicles that were recovered stolen. Officer Rudow testified that he saw the van at Roger’s Towing on April 16, 2004, and in his opinion, the market value of the van was approximately $6,000.

On April 13, 2005, the trial court entered an order finding that Bell was entitled to possession of the van when it was towed; that Roger’s Towing failed to prove the van was abandoned; that even if the van was abandoned, Bell was nevertheless entitled to immediate possession on January 29, 2004; that Roger’s Towing had an implied duty to respond to the letter sent by Bell’s counsel; and that the failure of Roger’s Towing to comply with the terms of the default judgment “constitutes another basis for imposing liability for its actions and conduct in connection with the vehicle.” The trial court concluded that Roger’s Towing’s continued possession of the van after January 29, 2004, was wrongful, and that because Roger’s Towing did not comply with the provisions of the Illinois Vehicle Code (Code) (625 ILCS 5/1—100 et seq. (West 2004)), it was not entitled to the limited immunity conferred by the Code. The court ordered Roger’s Towing to deliver the van to Bell on or before April 15, 2005, and to pay $10,000 in damages.

ANALYSIS

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Cite This Page — Counsel Stack

Bluebook (online)
865 N.E.2d 558, 372 Ill. App. 3d 461, 310 Ill. Dec. 234, 2007 Ill. App. LEXIS 314, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bell-leasing-brokerage-llc-v-roger-auto-service-inc-illappct-2007.