Lester Ivy borrowed money from General Motors Acceptance Corp. (GMAC) to purchase a van, and GMAC acquired a security interest in the van. The security agreement contained a so-called insecurity clause that provided GMAC with the right to repossess the van immediately upon default; notice was not prerequisite to repossession. Ivy defaulted on his obligation on the loan, and GMAC hired American Lenders Service of Jackson to repossess Ivy’s van. About 6:30 AM, Dax Freeman and Jonathan Baker of American Lenders Service drove to Ivy’s home. They drove on Ivy’s gravel driveway, which is about a quarter-mile long, past a chicken house and the van parked near Ivy’s mobile home. They quietly attempted to start the van, but their attempt failed. 

They then hitched the van to their tow truck and towed it away. When Freeman and Baker reached the end of Ivy’s driveway, Freeman stopped the tow truck and checked the van. At that point he saw someone running from the chicken house toward the mobile home. Ivy testified that prior to running toward the mobile home, he ran toward the tow truck “hollering and flagging for them to stop” but Freeman and Baker apparently did not see or hear Ivy at the time. 

Freeman jumped back into the tow truck and drove off Ivy’s property and onto an adjacent road. Ivy decided to chase Freeman and Baker because he thought they were stealing his van. He jumped into a pickup truck, passed Freeman and Baker, and, according to them, pulled in front of the tow truck and slammed on his brakes. Freeman claimed he was forced to slam on his brakes but was unable to avoid a slight collision with the rear bumper of Ivy’s truck. Ivy claimed he stopped well ahead of the tow truck, affording Freeman plenty of time to stop, but that he revved the engine and “rammed him.” Ivy claimed that his head hit the rear window of the truck as a result of the collision and that he sustained a “severe vertical sprain.” 

However, Ivy’s medical bill totaled only $20 and he did not miss any work. When Ivy exited the truck, Freeman showed him some “official looking documents,” advising him that he worked for American Lenders, and stated that they were repossessing his truck at GMAC’s request. There was a dispute as to whether Ivy sought to have the sheriff called concerning the accident. Freeman allowed Ivy to retrieve some personal belongings from the van and gave Ivy a telephone number to call to get his van back; at that point, they all departed the scene. 

Seven months later, on October 20, Ivy filed a complaint against GMAC and American Lenders contending that the repossession of his van was invalid because there was a breach of the peace and he had been caused “personal injuries.” Ivy sought actual and punitive damages. At the conclusion of a jury trial, the jury awarded Ivy $5,000 in actual damages and $100,000 in punitive damages. Was there a “breach of the peace” in the repossession of Ivy’s van, entitling him to damages?