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Roy Bayer Trust v. Red Husky, LLC

13 N.E.3d 415 (2014)

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Roy Bayer Trust v. Red Husky, LLC

Indiana Court of Appeals
13 N.E.3d 415 (2014)

Facts

Daniel Bowne (defendant) leased a Kenworth semi-tractor (the Kenworth) from Red Husky, LLC (plaintiff) and stored the Kenworth in a building he leased from Roy Bayer Trust (the trust) (defendant). At some point prior to September 2011, Bowne defaulted on his lease with Red Husky and stopped paying rent to the trust. In September 2011, Penny Harris (defendant), trustee of the trust, refused to let Red Husky retrieve the Kenworth from storage. Red Husky sued Harris, Bowne, and the trust for replevin. In August 2012, Red Husky’s motion for summary judgment of replevin was granted, and Red Husky obtained the Kenworth shortly afterwards. The Kenworth’s initial fair market value was $16,000, but due to deterioration between September 2011 and September 2012, Red Husky was only able to sell it for $6,000. The trial court awarded Red Husky $10,000 in damages for diminution in value. Harris and the trust appealed.

Rule of Law

Issue

Holding and Reasoning (Robb, J.)

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