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Mahana v. Onyx Acceptance Corp.

96 P.3d 893 (2004)

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Mahana v. Onyx Acceptance Corp.

Utah Supreme Court
96 P.3d 893 (2004)

Facts

Chris Mahana (plaintiff) purchased a used pickup truck from a Texas car dealership for $9,000. The truck’s previous owner had financed it with Onyx Acceptance Corporation (Onyx) (defendant) but defaulted on the loan. Onyx failed to perfect the lien, and therefore the truck’s title appeared to be clean when Mahana purchased it. Three years later, Onyx had the truck towed from Mahana’s workplace while he was working. Mahana sued Onyx for conversion and rented a Dodge Neon to replace the truck while the lawsuit was pending. Eighteen months after Onyx took the truck, the trial court found Onyx liable for conversion and awarded Mahana $11,880 in lost-use damages, representing the retail rental value of the Dodge Neon. Onyx appealed, arguing that the trial court had erred by awarding damages in excess of the purchase price of the truck.

Rule of Law

Issue

Holding and Reasoning (Parrish, J.)

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