By: WISCONSIN LAW JOURNAL STAFF//February 17, 2011//
By: WISCONSIN LAW JOURNAL STAFF//February 17, 2011//
Property
Bailments
Where an automobile was abandoned by its owner at a repair shop, the financing company that took title to the car is liable for storage fees until it took title, and fees incurred after it had notice of the storage and consented to storage.
“North Shore had a lien on the vehicle for storage fees from September 28, 2009, until October 12, when ownership of the vehicle changed. Toyota is responsible for these fees. And, as explained above, if and when, during its ownership of the vehicle, Toyota consented—that is, Toyota learned that its vehicle was being kept at North Shore and continued to leave the property there—North Shore had another lien on the vehicle from the date of Toyota’s consent until the date the lien was satisfied. Because the question of whether Toyota consented to North Shore’s possession of the vehicle remains an issue of material fact, we reverse the order of summary judgment in favor of Toyota and remand this matter for further proceedings to determine if and when Toyota, by its conduct, consented to the bailment and, if so, the amount of storage fees to which North Shore is entitled, in a manner consistent with this opinion.”
Reversed and Remanded.
Recommended for publication in the official reports.
2010AP761 Toyota Motor Credit Corp. v. North Shore Collision, LLC
Dist. I, Milwaukee County, Sosnay, J., Sherman, J
Attorneys: For Appellant: Machulak, John E., Milwaukee; For Respondent: Brady, Joshua J., Milwaukee