CourtCases2010

CourtCases2010

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Unformatted text preview: ires of the car. After church, the Sammons drove away, before noticing the flat tires. The agents, following in another car, then began to play "tag" with the Sammons and kept pursuing them. Eventually, the police interjected and arrested Denver Sammons for aggravated 23 assault and leaving the scene [**2] of an accident with injuries, based on claims from the bank's agents that Sammons tried to run over them. The [*1019] automobile was impounded by the police and eventually retrieved by Sammons. Sammons was tried and acquitted for aggravated assault. This suit followed his acquittal. Prior to trial, the court held that because the relationship of appellee and the repossessors was one of employer and independent contractor, that negligent hiring could not be asserted against appellee unless appellants/plaintiffs demonstrated that appellee knew or should have known of the repossessors' alleged violent propensities. The court granted appellee's motion for partial summary judgment on the claim of negligent hiring. The case went to trial on a variety of other theories and an adverse verdict and judgment was rendered against the Sammons. Among other issues, appellants assert that the trial court erred in asking the jury to determine if repossession is an inherently dangerous activity, because section 679.503, Florida Statutes (1985), gives rise to a nondelegable duty on the part of a creditor to repossess only by peaceable means. We find no error by the trial court on the summary judgment issue, [**3] but we agree that error was committed at trial. LAW Section 679.503 provides: Secured party's right to take possession after default.-Unless otherwise agreed a secured party has on default the right to take possession of the collateral. In taking possession a secured party may proceed without judicial process if this can be done without breach of the peace or may proceed by action. If the security agreement so provides the secured party may require the debtor to assemble the collateral and make it available to the secured party at a place to be designat...
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This note was uploaded on 09/30/2012 for the course ENC 102 taught by Professor Deria during the Spring '08 term at FIU.

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