Joy Souza v. Central Auto Auction (2010)

MEMORANDUM OF DECISION

The plaintiff, Joy Souza, instituted this civil action in the small claims division of the Superior Court seeking reimbursement of money she paid to the defendant to obtain the release of a truck in the possession of the defendant.   The defendant, Central, Inc., d/b/a Central Auto Auction moved to transfer the case to the regular docket of the Superior Court and the motion was granted.   This court heard this matter on September 30, 2010.

The court finds the following facts and reaches the following conclusions.   The plaintiff was employed by a landscaping business which is owned by two people who live in Israel.   One of the assets of the business was a truck that the plaintiff was intending to sell.   She wanted to have the truck appraised and one of her employees, Tracy, said he would take it to a car dealer to obtain an appraisal, and he took the truck from the business property.   There was no evidence as to where Tracy took the truck or what he told whoever he left the truck with.

The evidence showed that the truck was delivered by Mid Town Motors to the defendant.   The president of the defendant, which is in the business of auctioning motor vehicles, testified that Mid Town Motors delivered the vehicle to his company for auction.   Mid Town is a licensed dealer and the defendant only accepts vehicles from licensed dealers.

The truck was not purchased by anyone at the weekly auction run by the defendant.   The defendant then negotiated a sale of the truck from Mid Town Motors to New England Sales.   The plaintiff found out what had happened to the truck and she refused to deliver the title to New England Sales and demanded the truck be returned.   The sale of the truck was cancelled and the truck was returned to the defendant.

When the plaintiff went to the defendant's place of business to pick up the truck the sales manager refused to release the truck unless the selling and buying fees, which were owed by Mid Town Motors, were paid.   Tom Ferriola of Mid Town Motors was present, he refused to pay the fees, and he left.   The plaintiff then paid the fees of $455.00 to get the truck released.   This suit is for a return of the $455.00 plus $200.00 for the plaintiff's time.

There was no evidence offered concerning what Tracy said to Mid Town Motors when he delivered the truck.   Neither Tracy or a representative from Mid Town Motors testified.   Mid Town Motors is a licensed auto dealer and the defendant is licensed and only deals with licensed dealers.   The fees charged to Mid Town Motors were reasonable.   The plaintiff paid those fees, which were owed by Mid Town Motors, in order to get the truck released.   The plaintiff has not sued Mid Town Motors.

The defendant received the truck from a licensed dealer, Mid Town Motors, and was entitled to be paid the fees it charged.   Whether the plaintiff could recover the fees from Mid Town Motors would depend to some extent on what Tracy told Mid Town Motors when he delivered the truck, and why Mid Town Motors delivered the truck to the defendant to be auctioned.   As pointed out above, neither Tracy or anyone from Mid Town Motors testified and Mid Town is not a defendant.

Judgment may enter in favor of the defendant.

William L. Hadden, Jr.

Judge Trial Referee

Hadden, William L., J.T.R.