What is the argument that this judge is making? How good or his reasons? Is there any information that he left L that would help come to a conclusion on the issue presented in this case?
CASE 2012 Tex. App. LEXIS 7274 (Tex. App. 2012) FACTS: Price Auto hired David Chad Kuykendall, doing busi- determination that a breach of the peace occurred in the ness as Chad's Auto Recovery, to repossess a 1998 Cadillac process of the repossession. In reaching this conclusion, DeVille owned by Carlous Sanders, who was in default on the court cited two cases. In the first case, the recovery his motor vehicle retail installment sales contract. On May agent towed the vehicle out of sight of the debtor's prem- 11, 2009, Kuykendall went to the apartment complex where ises and subsequently discovered the debtor's two children Sanders lived and located the Cadillac in a parking space fac- inside the vehicle. He immediately returned to the debtor's ing Sanders' apartment. Using a key provided by Price Auto, home and returned the vehicle and children. There was Kuykendall entered the car and started the engine. Sanders no breach of the peace in this case as the recovery agent testified that he was descending the stairs from his apart- removed the vehicle from a public street without confront ment when he first heard his car's ignition and then saw a tation or trespassing on the debtor's premises and imme- person inside his car backing the vehicle out of its parking diately terminated repossession efforts and returned the space. Believing his car to be in the process of being stolen, children upon learning of their presence. By contrast, in Sanders approached the vehicle. As Sanders approached the the second case, the vehicle's owner mistook the recovery driver's side door, the car moved onto his foot, causing him agent for a car thief and, along with a coworker, attempted to fall to the ground and suffer a head injury. The car then to stop her from leaving with the vehicle. The recovery rolled over Sanders' leg as it exited the parking lot. Kuykendall agent struck the coworker and seriously injured him while did not stop to render aid and exited the apartment complex. driving away from the premises. In this case, the court held Kuykendall proceeded to attach the vehicle to his tow truck that the owner had a right to object to the attempted repos- and deliver it to Price Auto. session as it was no longer peaceable. This case was very ISSUE: Sanders sued Price Auto and Kuykendall for his similar to the facts concerning Price Auto's repossession of injuries, alleging that they were liable for the breach of Sanders' vehicle. the peace that occurred during the repossession. Sanders DECISION AND REMEDY: The court held that the evi- was awarded $20,281.39 in damages at trial. Price Auto dence presented at trial was sufficient to support the trial appealed on the basis that the repossession was complete court's decision and thus affirmed the judgment against before any alleged breach of the peace occurred. Price Auto. REASONING: The court agreed with Sanders and upheld SIGNIFICANCE OF THE CASE: This case illustrates the the trial court's award of damages. The court held that difficulties creditors may encounter in attempting to repos- a secured party may take possession of collateral after a sess collateral upon the occurrence of a default. Although default without judicial process if it proceeds without Sanders was in default on his obligations to Price Auto, it breach of the peace. This rule recognizes that society's interest in preserving the peace is more important than a was nevertheless required to proceed in a manner to repos- secured party's right to possession. When a secured party sess the collateral without breaching the peace. As illus- trated in this case, repossession can lead to confrontations chooses to pursue a non-judicial repossession, it assumes which may turn physical and result in injuries to one or both the risk that a breach of the peace might occur. In this parties. Adding to the complications is the use of recovery case, the evidence did not conclusively establish that the agents to perform the actual repossession. The actions of repossession was complete before Sanders suffered his these individuals may be attributable to the secured party, head and leg injuries. Thus, Price Auto did not demon- as occurred in this case, and thus care in their selection, strate reversible error in connection with the trial court's utilization, and supervision is important
