Rena D. Wilson v. Kelawan Tripp (2011)

MEMORANDUM OF DECISION

This is an action brought by the plaintiff Rena D. Wilson against two defendants Kelawan Tripp and Maria Dunn. Kelawan Tripp was defaulted for failure to appear and judgment was rendered against him on June 18, 2011.   This case proceeded to trial against Maria Dunn.

Plaintiff alleges that she, Rena Wilson, was the owner of a 2001 Mercedes Benz automobile model number 430 CLK. Plaintiff alleges that in 2007 Charles Teasley, son of plaintiff, Rena Wilson, entered into an agreement with defendant Kelawan Tripp that defendant Tripp could use the said 2001 Mercedes Benz motor vehicle as security to allow defendant Tripp to post bond for his brother, Trizane Jackson, so that Trizane Jackson could be at liberty while facing criminal charges.

The Court having heard the parties and examined the transcript of the record and transcript of the deposition of Ana Kyle, handwriting expert, enters judgment for the defendant Maria Dunn. In the opinion of the Court the plaintiff has failed to establish a preponderance of the evidence.   In the opinion of the Court the plaintiff, Rena Wilson, had full knowledge of the transaction in which the automobile in her name was transferred to the bail bondsman, Daniel Baba, by her son and that she consented to this transfer.¹  The Court is also of the opinion that ownership of the vehicle in question in this case, was transferred to Baba by reason of the failure to retrieve the vehicle within the period of time set in the Vehicle Release Form. Baba transferred ownership to Morrison for consideration.   He in turn transferred same to his mother, the defendant, Maria Dunn. As far as the motor vehicle department is concerned there is a good title in the defendant Maria Dunn. The Court believes that the plaintiff's signature on the Supplemental Assignment of Ownership and the Vehicle Release Form was made by plaintiff.

Plaintiff has not proven that the defendant Maria Dunn or her son had any knowledge whatsoever about any defect in the title which Daniel Baba, the bondsman had.  “A person with voidable title has power to transfer a good title to a good faith purchaser for value” § 442a–2–403(1) C.G.S. Thus, despite the controversy regarding the signatures, title and ownership remains in the defendant, Maria Dunn and she bears no liability for damages.

Judgment is for the defendant, Maria Dunn.

Hale, J.

FOOTNOTES

FN1. Mr. Baba received an Assignment of Ownership and a vehicle Release Form as well as title papers..  FN1. Mr. Baba received an Assignment of Ownership and a vehicle Release Form as well as title papers.

Hale, Robert J., J.T.R.