Walker v. Crane

E. H. and Donna Walker owned a 1983 International Tractor truck and a Phelan Low Boy trailer, which were stolen on November 8, 1994. They sued Steve C. Treske, as the Administrator of the Estate of Amber Charles Crane, Sr., doing business as Crane Boys Wrecker, for hauling the truck and trailer into his wrecker yard without notifying either them or the police. The issue raised is whether a wrecker service which pulls and stores a vehicle in good faith belief that the owner is known be liable for conversion. The answer is no. Pretermitting that there was no conversion, the defendant has shown on motion that the Walkers cannot prove damages.

In November of 1994, prior to Thanksgiving, three males took the truck and trailer to Dillard L. Gabriel’s business at 4085 Thurmond Road, Forest Park, Georgia and tried to sell it to him, but they did not have a title, which they said was in Alabama. Gabriel told them to get the title, and they asked to leave the truck and trailer. He allowed them to leave it at a different location at Highway 19/41. After the truck had been there approximately one month, Gabriel had Crane Boys Wrecker haul the truck and trailer to their wrecker yard. We find that the defendant acted in good faith in handling and storing the vehicle without notice and that there was no evidence to show that the defendant was the proximate cause of the physical damage to the truck or any other recoverable damages.