Monday, April 29, 2013

Williams v. Ford Motor Credit Company case brief

Williams v. Ford Motor Credit Company case brief
674 F.2d 717

CASE SYNOPSIS: (P) appealed a judgment from the United States District Court, (Arkansas), that granted defendant judgment notwithstanding the verdict in plaintiff's action, under an Arkansas Statute, to recover damages for conversion that arisen from the alleged wrongful repossession of an automobile that belonged to the (P).

FACTS:
Plaintiff and her husband bought an automobile that was subject to a security agreement assigned to defendant.
After the (P) and her husband were divorced, the (P) was granted the title in the vehicle, but her husband was required to make payments for a certain period.
When (P's) husband defaulted on payments, he signed a voluntary repossession authorization for (D). Plaintiff was informed of the delinquency.
Afterwards, the respondent caused (P's) automobile to be repossessed.
The (P) testified that the repossessing party neither threatened him nor did they cause the (P) to fear any physical harm.

ANALYSIS:
In plaintiff's action for wrongful repossession under an Arkansas statute, a jury found for plaintiff.
On defendant's motion, it was granted judgment notwithstanding the verdict.
On appeal, the court affirmed the holding that stated the repossession was accomplished without any incident which may have provoked violence, it was a legal repossession under Arkansas law and that the evidence did not support the jury's verdict.

CONCLUSION:
Judgment notwithstanding the verdict was affirmed.
The (D's) repossession of (P's) vehicle was accomplished without any incident which may have tended to provoke violence.
The taking was a legal repossession under Arkansas laws.
The evidence did not support the verdict of the jury in favor of the (P).

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