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Lewis v. Nicholas Fin. Inc.

Under O.C.G.A. § 11-9-609 b 2, a secured party may take possession of the secured collateral without judicial process, only if the repossession proceeds without a breach of the peace.

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Casey Lewis filed a lawsuit against Nicholas Financial, Inc. “NFI” after an independent contractor hired by NFI allegedly breached the peace when attempting to repossess Lewis’ car. Lewis and NFI filed cross-motions for partial summary judgment regarding the issue of whether NFI could be held vicariously liable for the acts of the independent contractor. The trial court granted NFI’s motion and denied Lewis’ motion, ruling that NFI could not be held liable because there was no evidence that it controlled the contractor’s actions or participated in the breach of the peace allegedly committed by the contractor. Lewis appeals from the grant of NFI’s motion. 1. Lewis contends that genuine issues of material fact remain regarding “NFI’s negligence and its contractor’s . . . breach of the peace.” Specifically, Lewis argues that NFI is not entitled to summary judgment because there is evidence that its contractor violated a non-delegable statutory prohibition against breaching the peace. We agree and reverse.

On appeal from a grant of summary judgment, this Court conducts a de novo review of the law and evidence.1 In doing so, we view the evidence in the light most favorable to Lewis as the non-movant to determine whether a genuine issue of material fact exists and whether the moving party is entitled to judgment as a matter of law.2

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