Aviles v. Wayside Auto Body, Inc.

• Decision Date: 30 September 2014
• Docket Number: Civil Action No. 3:12–CV–01520–VLB.
• Citation: 49 F.Supp.3d 216
• Court: U.S. District Court — District of Connecticut
• Parties: Jacques AVILES, and Sabrina Soto, Plaintiffs, v. WAYSIDE AUTO BODY, INC., d/b/a Skyline Recovery Service ; and Wells Fargo Bank, N.A., d/b/a Wells Fargo Dealer Services, Defendants.

49 F.Supp.3d 216

Jacques AVILES, and Sabrina Soto, Plaintiffs

v.WAYSIDE AUTO BODY, INC., d/b/a Skyline Recovery Service ; and Wells Fargo Bank, N.A., d/b/a Wells Fargo Dealer Services, Defendants.

Civil Action No. 3:12–CV–01520–VLB.

United States District Court, D. Connecticut.

Signed Sept. 30, 2014.

Daniel S. Blinn, Consumer Law Group, Rocky Hill, CT, for Plaintiffs.

Alfred P. Chamberland, Easthampton, MA, David M. Bizar, Seyfarth, Shaw, LLP, Boston, MA, for Defendants.

MEMORANDUM OF DECISION GRANTING IN PART AND DENYING IN PART WAYSIDE AUTO BODY, INC.'S MOTION FOR SUMMARY JUDGMENT AND GRANTING IN PART AND DENYING IN PART WELLS FARGO BANK, N.A.'S MOTION FOR SUMMARY JUDGMENT

VANESSA L. BRYANT, District Judge.

INTRODUCTION

Before the court are motions for summary judgment filed by defendants Wayside Auto Body, Inc., d/b/a Skyline Recovery Service, (“Wayside”) and Wells Fargo Bank, N.A., d/b/a Wells Fargo Dealer Services (“Wells Fargo”), in which defendants seek summary judgment on all claims in plaintiffs Jacques Aviles (“Aviles”) and Sabrina Soto's (“Soto”) complaint. For the reasons stated hereafter, Wayside's motion for summary judgment is granted in part and denied in part and Wells Fargo's motion for summary judgment is granted in part and denied in part.

I. FACTS

A. Facts as to Wayside

The following facts are undisputed unless otherwise noted. On July 2, 2009 Aviles purchased a 2006 Honda Accord (the “Honda”) from Carmax Auto Superstores, Inc., at which time he financed the purchase by entering into a retail installment sales contract (the “RISC”). Wayside 56(a)(1) Statement ¶ 1. The RISC provided by its terms that Aviles would be in default if he failed to make any payment required by the RISC, and that upon default, the Honda could be repossessed. Wayside 56(a)(1) Statement ¶¶ 2–3. The RISC states explicitly that it cannot be orally modified. Wayside 56(a)(1) Statement ¶ 4.

As of August 2012, Aviles knew that he was “at least two months behind” in his payments due under the RISC. Wayside 56(a)(1) Statement ¶ 5. In fact, Aviles was four months behind on his payments due under the RISC in August 2012. Wayside 56(a)(1) Statement ¶ 6.

On August 7, 2012, Aviles called Wells Fargo to discuss the fact that he was behind on his payments under the RISC, and spoke with someone known to him only as “Cha.” Wayside 56(a)(1) Statement ¶ 7. Cha told Aviles that “anything, we discuss, [she's] going to take a note of.” Wayside 56(a)(1) Statement ¶ 8. According to Aviles, Wells Fargo's telephone representative told Aviles that if he failed to make a payment by August 11, 2012, his car would be released for repossession. Wayside 56(a)(1) Statement ¶ 9. However, according to Wells Fargo's notes regarding the August 7, 2012 conversation, Wells Fargo's telephone representative told Aviles that the order for repossession remained active, and would be suspended only if Aviles made a payment of $650.46 and made acceptable payment arrangements for the remaining balance. Wayside 56(a)(1) Statement ¶ 10. The telephone representative's notes of the August 7, 2012 call with Aviles provide that Aviles was “fully aware” that the repossession order remained active and would be suspended only upon payment. Wayside 56(a)(1) Statement ¶ 12. The court need not and does not resolve the conflicting accounts of the August 7 telephone dispute in this opinion. It is undisputed that Wells Fargo sent Wayside a repossession order for the Honda on July 2, 2012. Wayside 56(a)(1) Statement ¶ 13.

On August 8, 2012, Aviles was driving the Honda with Soto, who is his niece, riding as a passenger. Wayside 56(a)(1) Statement ¶ 14. Aviles drove the Honda to Steben Auto Body Shop in West Hartford, Connecticut to get an estimate for the cost of repairs for damage from an auto accident unrelated to this litigation. Wayside 56(a)(1) Statement ¶ 14–15, 19. Aviles parked the Honda and went inside the auto body shop while Soto remained in the vehicle, in a reclined position. Wayside 56(a)(1) Statement ¶¶ 17–18.

Wayside received the order to repossess the Honda on July 2, 2012. Wayside 56(a)(1) Statement ¶ 13. After searching for the Honda for approximately three weeks, on August 8, 2012 Robert Penny (“Penny”), a tow truck driver employed by Wayside, spotted the Honda in front of a body shop in West Hartford, Connecticut. Wayside 56(a)(1) Statement ¶ 19–20.

When Penny found the Honda at the body shop it was parked “nosed [in] front of one of the garages so [Penny] backed into it.” Wayside 56(a)(1) Statement ¶ 21. Penny then “lowered the boom, and it made contact with the [Honda's] rear tires.” Wayside 56(a)(1) Statement ¶ 22. Soto was still in the vehicle at that time, and felt something “slam into the car.” Wayside 56(a)(1) Statement ¶ 23. Soto then sat up to see what was happening, and saw Penny standing at her window yelling at her, telling her to “get the [expletive deleted] out of the car.” Wayside 56(a)(1) Statement ¶ 25. Penny also told Soto “you need to get your [expletive deleted] out of the car. I'm taking the car,” and “I'm here to take the car. I'm here to repossess the car.” Wayside 56(a)(1) Statement ¶¶ 26, 28. Penny did not open the door, reach through the open window of the car, or take any physical acts to remove Soto from the vehicle. Wayside 56(a)(1) Statement ¶ 29.

Aviles had been inside the body shop for approximately thirty seconds when a woman ran into the body shop, and asked Aviles if he owned the Honda. Wayside 56(a)(1) Statement ¶ 32. When he answered “yes,” the woman told him “there's some guy screaming at the girl inside.” Wayside 56(a)(1) Statement ¶ 33. Aviles then ran outside to see what was happening, where he saw Penny telling Soto “get the [expletive deleted] out of the car” and “[g]et your [expletive deleted] things out of the car. Wayside 56(a)(1) Statement ¶¶ 34–35. Aviles then told Penny to “[g]et away from her.” Wayside 56(a)(1) Statement ¶ 37. Penny then asked Aviles if he was Jacques Aviles, and when Aviles answered affirmatively, Penny told Aviles “[g]ive me the keys to your [expletive deleted] car and get your [expletive deleted] out,” and “I'm repossessing your vehicle.” Wayside 56(a)(1) Statement ¶¶ 38–39. Aviles then told Penny that Penny could not repossess the vehicle because Aviles had “an agreement with the bank.” Wayside 56(a)(1) Statement ¶ 40.

At some point during the encounter between Aviles and Penny, Aviles asked Soto to retrieve some papers from the trunk of the Honda. Wayside 56(a)(1) Statement ¶ 41. Soto then reached across the interior of the vehicle to pull the trunk release latch, exited the vehicle, retrieved the papers from the trunk and gave them to Aviles, and then returned to sitting inside the vehicle. Wayside 56(a)(1) Statement ¶¶ 42–43. At no point during the time she was outside of the vehicle to retrieve the papers from the trunk did Penny approach her or prevent her from doing anything. Wayside 56(a)(1) Statement ¶ 44.

Aviles told Penny to “call the bank,” at which point Penny returned to his truck and called his office. Wayside 56(a)(1) Statement ¶¶ 45–46. Someone from Penny's office then called Wells Fargo, and was told that there were no arrangements with Aviles, and reiterated its authorization to repossess the vehicle. Wayside 56(a)(1) Statement ¶ 46. Penny then exited his truck and told Aviles that he was taking the Honda. Wayside 56(a)(1) Statement ¶ 47.

Because of the way the Honda was parked at that time, Aviles could not drive it forward, and the tow truck was blocking Aviles from driving the Honda backwards. Wayside 56(a)(1) Statement ¶¶ 48–49. Aviles looked under the vehicle and saw “two steel forks jutting beyond the back tire ... they weren't elevated to the car yet, they were on the floor but they were there in such a way that [Aviles] wouldn't be able to go back anyways.” Wayside 56(a)(1) Statement ¶ 50.

Aviles then got back into the Honda, which Penny did not prevent him from doing. Wayside 56(a)(1) Statement ¶¶ 52–53. While in the Honda, Aviles had a conversation with Soto, told her “let's just go,” and put the keys in the vehicle's center console. Wayside 56(a)(1) Statement ¶¶ 52, 54. Soto then picked up the keys and told Aviles “don't leave the keys” and “let's go.” Wayside 56(a)(1) Statement ¶ 56.

Although it is not relevant to this opinion, the court notes that the parties dispute the fact of whether Aviles's refusal to give the keys to Penny was Aviles's own idea, or whether he was influenced by Soto to keep the keys. According to Wayside, Penny had told Aviles that Aviles could clean out the Honda if he gave Penny the keys to the vehicle, and Aviles replied “okay.” Wayside 56(a)(1) Statement ¶ 51. Wayside asserts that Aviles wanted to leave the keys in the vehicle, thereby turning them over to Penny, but that Soto hold Aviles “hell, no.” Wayside 56(a)(1) Statement ¶ 55. Plaintiffs dispute this characterization of the facts. Wayside 56(a)(1) Statement ¶¶ 51, 55.

Aviles then removed his personal belongings from the Honda. Wayside 56(a)(1) Statement ¶ 57. Aviles told Penny that he would not give Penny the keys to the Honda, and Aviles kept the keys as he and Soto walked away from the body shop. Wayside 56(a)(1) Statement ¶¶ 57–58. Aviles was afraid that Penny would chase after him and Soto and attempt to take the keys, so Aviles put the keys in a bush in front of a nearby home. Wayside 56(a)(1) Statement ¶¶ 59–60.

Throughout the incident, Penny never touched Aviles or threatened him with a weapon. Wayside 56(a)(1) Statement ¶¶ 61–62. The parties dispute whether Penny threatened violence with his words. Wayside 56(a)(1) Statement ¶ 63; Plaintiffs' Wayside 56(a)(2) Statement ¶ 63. This factual dispute need not and will not be resolved in this opinion.

Penny never tried to remove the keys from Aviles's person, never entered the vehicle to search for the keys, and did not pursue Aviles and Soto when they left the body shop parking lot. Wayside 56(a)(1) Statement ¶¶ 64–66.

Neither plaintiff has...