Bianca Lorrine Pulliam v. Danny Mac
15-2115
| Iowa Ct. App. | Apr 5, 2017Background
- Pulliam owned a 2000 Pontiac Montana that was towed during a June 2013 flood from a downtown Waukon parking lot; the tow company (Danny Macs) took vehicles to a salvage yard it rented.
- Pulliam initially could not or would not pay the tow charge and later retrieved the van herself from outside the salvage yard; Danny Macs subsequently reported the vehicle stolen after she drove it away.
- The van suffered flood damage, was repaired (about $1,600 in work), and was later impounded again by the tow company; at some point the van went missing while in Danny Macs’s custody.
- Pulliam filed a replevin action in small claims seeking possession (or value) of the van; defendants asserted a counterclaim for towing and storage costs, which the magistrate excluded under Iowa Code § 643.2.
- The magistrate entered judgment for Pulliam for the van’s value ($3,000) because the vehicle was unavailable for return; the district court affirmed, and the appellate court granted discretionary review and transferred the appeal here.
Issues
| Issue | Pulliam's Argument | Danny Macs' Argument | Held |
|---|---|---|---|
| Entitlement to replevin (wrongful detention) | Pulliam owned the van and was entitled to immediate possession because defendants wrongfully detained it | Danny Macs contended issues of bailment/constructive possession and that it should be allowed to show lien/expenses | Court affirmed replevin judgment — treated case as replevin; substantial evidence supported magistrate’s findings; appellate court declined to consider lien/other defenses not raised below |
| Whether the case should be decided as bailment/negligence | N/A (case pled as replevin) | Danny Macs argued trial was effectively decided on bailment and negligence, requiring different proof and ability to offset costs | Court rejected reframing as bailment/negligence and decided under replevin law; refused to entertain new theory on appeal |
| Exclusion of defendant’s counterclaim for towing/storage costs | Pulliam sought replevin only; counterclaim was barred in replevin action | Danny Macs argued counterclaim should have been heard | Court affirmed exclusion of counterclaim under Iowa Code § 643.2 (no joinder of other causes/counterclaims in replevin) |
| Measure of damages/value of vehicle | Pulliam argued for $3,000 (trial court relied on parties’ comments) | Danny Macs argued $3,000 was unsupported and no stipulation; asked remand for valuation evidence | Court held $3,000 unsupported; judgment vacated in part and remanded with direction to enter amended judgment for $1,500 (value at time of wrongful possession) |
Key Cases Cited
- Roush v. Mahaska State Bank, 605 N.W.2d 6 (Iowa 2000) (replevin is a narrow statutory remedy to restore possession)
- Flickinger v. Mark IV Apartments Ass'n, 315 N.W.2d 794 (Iowa 1982) (wrongful detention defined for replevin)
- Marx Truck Line, Inc. v. Fredricksen, 150 N.W.2d 102 (Iowa 1967) (plaintiff bears burden to prove entitlement to possession)
- Sheffield v. Hanna, 114 N.W. 24 (Iowa 1907) (value for replevin measured as of time possession was wrongfully taken)
- Murray v. Conrad, 346 N.W.2d 814 (Iowa 1984) (fair market value is the appropriate measure for conversion/replevin damages)
- Meier v. Senecaut, 641 N.W.2d 532 (Iowa 2002) (issues not raised below generally will not be considered on appeal)