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Robb v. Matthews Buick-Pontiac, Inc.

Citations: 516 N.E.2d 1110; 1987 Ind. App. LEXIS 3401; 1987 WL 30283Docket: 27A02-8704-CV-172

Court: Indiana Court of Appeals; December 28, 1987; Indiana; State Appellate Court

Narrative Opinion Summary

In this case, the appellant challenged a small claims court decision in favor of the appellee, a car dealership, regarding liability for damages to her vehicle while it was stored on the dealership's lot. The appellant's vehicle was towed to the dealership following her arrest, and it was vandalized approximately ten days later. She filed a claim in small claims court, alleging negligence by the dealership and seeking damages. Two main issues were raised on appeal: the denial of a jury trial and the trial court's judgment's alleged contravention of law. The court held that the appellant's demand for a jury trial was invalid under IND. CODE. 33-10.5-7-5(a), which waives the right to a jury trial for small claims filings, and found this waiver to be constitutional as the appellant had the option to file in a court with proper jurisdiction. The court also considered whether the trial court erred in its judgment regarding bailment and negligence, ultimately affirming the judgment in favor of the dealership. The court reasoned that the vehicle was properly stored and could be deemed abandoned under IND. CODE. 9-9-1.1-2, thus relieving the dealership of liability. The decision was upheld, with the court finding no errors in the trial court's conclusions.

Legal Issues Addressed

Bailment and Negligence in Vehicle Storage

Application: The trial court could have concluded that the vehicle was abandoned, relieving the appellee of liability, or alternatively, that adequate care was provided if a bailment was acknowledged.

Reasoning: Robb also claimed the trial court's decision was contrary to law, arguing that the evidence mandated a conclusion of bailment and negligence by Matthews. However, the trial court could have concluded that the vehicle was abandoned after being unclaimed for over 15 days, as per IND. CODE. 9-9-1.1-2, which would relieve Matthews of liability.

Constitutionality of Waiving Jury Trial

Application: The waiver of the right to a jury trial in small claims court was upheld as constitutional, provided the plaintiff has the option to file in a court where a jury trial is available.

Reasoning: The waiver of a jury trial in small claims court is deemed constitutional under IND. CODE. 33-10.5-7-5(a), which specifically modifies the right to a jury trial in small claims actions but does not affect claims filed in courts with proper jurisdiction.

Right to Jury Trial in Small Claims Court

Application: The appellant's demand for a jury trial was deemed invalid under Indiana statute IND. CODE. 33-10.5-7-5(a), which waives such rights upon filing in small claims court.

Reasoning: The court concluded that the demand for a jury trial was invalid under Indiana statute IND. CODE. 33-10.5-7-5(a), which waives the right to a jury trial upon filing in small claims court.