United States Seventh Circuit

In plaintiff's suit for tortious conversion and replevin of a 1979 Racing Porche automobile, which is on display at the Foundation's Hall of Fame Museum, claiming that he loaned rather than donated the car to the Foundation, judgment of the district court in favor of the defendant is affirmed as, district court did not clearly err in finding that plaintiff failed to prove he had a property right in the car, and plaintiff's claim that the district court improperly placed the burden of proof on him as plaintiff in requiring him to prove both that the car was not a gift and that he had a property right in the car is flatly rejected.

Appellate Information

• Argued 12/11/2009
• Decided 04/13/2010
• Published 04/13/2010

Judges

• KANNE, Circuit Judge., Before BAUER, RIPPLE, and KANNE, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• William L. O'Connor (argued), Dann, Pecar, Newman & Kleiman, Indianapolis, IN, for Plaintiff-Appellant.


• For Appellees:
  
• David M. Mattingly, Angela P. Krahulik (argued), Ice Miller, Indianapolis, IN, for Defendant-Appellee.