Court Summaries
| Publication year | 2011 |
| Pages | 54 |
| Citation | Vol. 34 No. 5 Pg. 54 |
Vol. 34, No. 5, 54. Court Summaries
Issue: October, 2011
Anthony Smith v. Lewis Auto Body 2011 WY 109 No. S.-10-0267 July 13, 2011
This is a case of first impression. On August 27, 2006, Mr. Smith was involved in an automobile accident that damaged his 2006 Corvette. The vehicle was taken to Lewis Auto Body for repairs. Lewis Auto Body was going to make repairs to the vehicle and purchased $6,500.00 worth of parts. A State Farm Insurance representative inspected the vehicle numerous times and finally decided to total out the vehicle on February 20, 2007. Forty-five days later on April 6, 2007, State Farm Insurance asked for the release of the vehicle. In response, Lewis Auto Body sent an invoice for parts, labor, administrative tasks, and storage fees totaling $30,816.32. State Farm Insurance disputed this invoice and Lewis Auto Body asserted a lien. Mr. Smith brought suit for replevin and conversion and the case was tried in April 2010. The district court awarded damages to Lewis Auto Body in the amount of $20,516.00, which included $15,240.00 in storage fees. The storage fee was $60 a day for 254 days. The district court determined that Lewis Auto Body was entitled to storage fees during the period of time beginning February 20, 2007, when State Farm Insurance totaled the vehicle, and ending November 1, 2007, which was one week after State Farm Insurance posed a bond with the court to cover damages in the event that judgment was entered against Mr. Smith.
The question for the appeal is, what is the period of time that Lewis Auto Body can collect for storage? The trial court thought it was up to the bond period because it was at that point when the bond was posted that Lewis Auto Body was protected. Once the bond is posted, there is no need to retain the property. Mr. Smith argued that the appropriate period is from August 27, 2006, until April 6, 2007, that is, from the period of first retention of property until demand is made for its return. The Wyoming Supreme Court, relying on cases from other jurisdictions, held that Lewis Auto Body was only entitled to recover those fees from inception on the storage through the demand for return by State Farm Insurance. The lesson then in these storage/mechanic lien cases is to demand return as soon as possible. As a side issue in the case, the court implied that a reasonable daily storage fee was $60.00. The Court also said that Lewis Auto Body could have retained the property until it was paid, but that it could not charge storage fees after demand was made for the item.
State of Wyoming v. Douglas Juarez 2011 WY110 S-10-0260 July 14, 2011
This is an appeal brought by the State of Wyoming following J. a trial courts granting of a motion to suppress. On March 1, 2010, the Wyoming Highway Patrol stopped Mr. Juarez near Rawlins for failing to use his turn signal when he entered 1-80 from an entrance ramp. A search of Mr. Juarez's vehicle yielded nine pounds of marijuana. Mr. Juarez filed a motion to suppress which was granted. The basis for the motion was that the trooper did not have a reason to pull Mr. Juarez over. The Wyoming Supreme Court affirmed.
The relevant statute is Wyo. Stat. § 31-5-217 (Lexis 2011), which provides that " [n] o person shall turn a vehicle or move right or left upon a roadway unless and until the movement can be made with reasonable safety nor without giving an appropriate signal in the manner provided in this section." The crux of Mr. Juarez's argument is that this statute does not require a signal in its clear language when entering the interstate. It only requires signal when moving right or left upon a roadway. The Wyoming Supreme Court agreed that merging onto the interstate from an entrance ramp is effectively a movement from right to left; thus, no signal was required. If no signal was required, then there was no violation of law to justify the stop. Consequently, the district court properly suppressed the evidence.
In the Matter of Establishment of a Private Roadway to Real Property Owned by Daniel Gallagher: JandT Properties, LLC v. Daniel Gallagher 2011 WY 112 S-10-0213 July 21, 2011
Mr. Gallagher purchased property to the west of property owned by JandT Properties, LLC. When he purchased the property he thought there was a...
To continue reading
Request your trial