Desy v. Rhue

462 N.W.2d 742, 1990 Iowa App. LEXIS 453, 1990 WL 192328
CourtCourt of Appeals of Iowa
DecidedSeptember 26, 1990
Docket89-923
StatusPublished
Cited by14 cases

This text of 462 N.W.2d 742 (Desy v. Rhue) is published on Counsel Stack Legal Research, covering Court of Appeals of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Desy v. Rhue, 462 N.W.2d 742, 1990 Iowa App. LEXIS 453, 1990 WL 192328 (iowactapp 1990).

Opinions

SCHLEGEL, Presiding Judge.

Plaintiffs-appellees Dennis and Suzanne Desy sued defendant-appellant Charles E. Rhue seeking damages for injuries caused by the negligent operation of a motor vehicle by defendant Randy Rhue. Appellees also sued Team Ford on the same theory. Both Randy Rhue and Team Ford settled with appellees, for $20,000 and $60,000, respectively. Appellees proceeded to trial against appellant, the primary issue being whether appellant was an owner of the vehicle involved in the accident that injured appellees. Appellant seeks relief from an adverse verdict and judgment thereon on the grounds that the evidence was insufficient as a matter of law to submit the question of ownership to the jury. As we discuss below, we agree with appellant that the trial court should have directed a verdict in his favor, and we must, therefore, reverse and remand with directions for the trial court to enter the directed verdict.

During the 1985 Independence Day holiday, defendant Randy Rhue sought to purchase a used Jeep Wagoneer from defendant Team Ford of Sioux City. Randy’s father, appellant Charles E. Rhue, at that time provided a blank, endorsed title to Randy for a 1971 Monte Carlo, apparently to be used as he wished. During the course of negotiations with the dealership, Randy disclosed that he had had financial problems. The dealership responded that it would be willing to sell the Jeep to him on credit only if he could obtain a co-buyer.

Over the course of a few days, Randy became interested in the Jeep in question and requested his father's help. Appellant agreed to become the co-owner of the vehicle. On July 6, Randy signed a purchase agreement, termed an offer to purchase, prepared by the dealership. The dealership did not sign the agreement, apparently preferring to wait until it had obtained appellant’s signature on the offer. Randy took possession of the Jeep and left the Monte Carlo in the dealership’s possession. Driving the Jeep, Randy left to obtain his father’s signature on the proposed purchase agreement.

Randy then lived the car buyer’s nightmare. On his way home from the dealership, Randy struck motorcyclist Dennis Desy. Desy suffered physical injuries, and his wife claimed damages for loss of consortium.

At trial, Charles Rhue was the sole defendant. The negligence of Randy Rhue was conceded, and the primary factual issue at trial was whether Charles Rhue had an ownership interest in the Jeep at the time of the accident.

The jury returned a verdict awarding the Desys damages of slightly over $109,000 from Charles Rhue. Charles later filed a [744]*744motion for pro tanto credit, seeking a credit for the entire $80,000 which the Desys had received in settlement from the former defendants (Randy Rhue and the dealership). The Desys responded that Charles was entitled to a credit only for the $20,000 they had received from Randy. The district court agreed with the Desys’ position and granted Charles a credit only for the $20,-000 settlement from Randy, not for the $60,000 settlement from the dealership. The district court then entered a judgment against Charles for slightly over $89,000. Charles has appealed from the judgment against him.

Appellant challenges the sufficiency of the evidence to permit a jury to find that he had any ownership interest in the Jeep at the time of the accident. Charles contends the evidence permitted only two possible conclusions about ownership: (1) that no sale had occurred at the time of the accident and the dealer remained the owner, or (2) that if a sale could be deemed to have occurred, Randy was the sole purchaser and Charles was involved in the transaction only to help Randy obtain financing.

Appellant also contends the district court erred by excluding certain evidence concerning the temporary paper license which was on the Jeep at the time of the accident, and which indicated that an application for registration had been made. A state trooper who investigated the accident was prepared to testify that the temporary license identified Randy Rhue as the only prospective owner for whom a registration had been sought.

Appellant contends the district court should have submitted to the jury several special interrogatories. The special interrogatories would have required the jury to make specific findings concerning whether appellant had paid any consideration to the dealership for the Jeep, whether the dealership had in any sense delivered possession of the Jeep to appellant before the accident, and whether Randy was acting as an agent for appellant when he signed a proposed purchase agreement for the Jeep. Appellant also argues that the district court erred in several of its jury instructions concerning principles of contract law, agency law, and sales law relevant to the question whether Charles had any ownership interest in the Jeep.

Appellant contends the district court erred by admitting the Desys’ evidence that a few months after the accident, Charles had purchased a Jeep Cherokee vehicle from the same dealership. Appellant admits that the second Jeep was for Randy’s benefit, but he notes this was because the accident (and a subsequent insurance dispute) had caused the State to suspend Randy’s privilege to own and register a vehicle. Appellant argues that because of this factual distinction between the two transactions, the second transaction does not tend to prove or render probable the existence of any fact regarding the first transaction.

Finally, appellant contends the district court erred by giving him credit for only $20,000 of the $80,000 which the Desys received in settlement from the former defendants. He argues that if the case is deemed to be a comparative fault case concerning the negligence of multiple defendants, the Desys’ settlement with a party later found to be 100% at fault (Randy) should discharge Charles’ liability under the proportionate credit rule of Thomas v. Solberg, 442 N.W.2d 73 (Iowa 1989). In the alternative, if the case is not deemed to involve comparative fault and the pro tanto credit rule applies, appellant argues he should receive credit for the $60,000 settlement paid by the dealership, as well as for the $20,000 settlement paid by Randy; he argues that any other result gives the De-sys a double recovery.

Our scope of review is limited to correction of errors at law. Iowa R.App.P. 4. We are bound by the trial court’s findings of fact if supported by substantial evidence. Iowa R.App.P. 14(f)(1). We are not, however, bound by the trial court’s determinations of law.

The parties agree that the central issue in this case is whether, at the time of the accident, appellant was an owner by bona fide sale or transfer of the vehicle in question. Appellant assigns as error that the [745]*745evidence is insufficient as a matter of law to establish that he was an owner and the failure of the trial court to grant a directed verdict. Because we find that the evidence presented failed to show that there was a bona fide sale or transfer to appellant, we hold that the trial court erred in failing to direct a verdict in favor of appellant.

Looking to chapter 321 of the Code, we find that section 321.1(36) defines the word “owner” to mean “a person who holds the legal title of a vehicle.” In addition, section 321.493 provides, in full:

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Great Lakes Communication Corp. v. AT&T Corp.
124 F. Supp. 3d 824 (N.D. Iowa, 2015)
Beganovic v. Muxfeldt
775 N.W.2d 313 (Supreme Court of Iowa, 2009)
Hinshaw v. Ligon Industries, L.L.C.
551 F. Supp. 2d 798 (N.D. Iowa, 2008)
Kopple v. Schick Farms, Ltd.
447 F. Supp. 2d 965 (N.D. Iowa, 2006)
Weber v. Warnke
658 N.W.2d 90 (Supreme Court of Iowa, 2003)
Owen v. MBPXL CORP.
173 F. Supp. 2d 905 (N.D. Iowa, 2001)
Schaller Telephone Co. v. Golden Sky Systems, Inc.
139 F. Supp. 2d 1071 (N.D. Iowa, 2001)
Chadima v. National Fidelity Life Insurance
848 F. Supp. 1418 (S.D. Iowa, 1994)
Desy v. Rhue
462 N.W.2d 742 (Court of Appeals of Iowa, 1990)

Cite This Page — Counsel Stack

Bluebook (online)
462 N.W.2d 742, 1990 Iowa App. LEXIS 453, 1990 WL 192328, Counsel Stack Legal Research, https://law.counselstack.com/opinion/desy-v-rhue-iowactapp-1990.