Smith v. Lewis Auto Body
2011 WY 109
| Wyo. | 2011Background
- Anthony Smith's 2006 Corvette was damaged in an August 27 incident and repaired at Lewis Auto Body under State Farm's coordination.
- State Farm paid Lewis for uninstalled parts and conducted multiple inspections before determining total loss on February 20, 2007.
- On April 6, 2007 State Farm demanded release of the vehicle; Lewis invoiced for parts, labor, administration, and storage totaling $30,816.32.
- Lewis asserted a lien and continued possession; it later foreclosed the lien, but the court later voided Lewis's title after a summary judgment in Smith's favor.
- A 2010 bench trial awarded Lewis $20,516.00 (including storage at $60/day for 254 days) up to November 1, 2007; Smith appeals challenging storage after the insurer demanded release.
- The Wyoming Supreme Court reverses, concluding storage charges after a demand for release are not recoverable.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether storage damages accrue after a demand for release | Smith argues charges after demand are improper | Lewis contends storage may continue until payment or a valid lien is resolved | Storage after demand is not recoverable; reversed and remanded |
Key Cases Cited
- Country Mutual Insurance Co. v. Styck's Body Shop, Inc., 396 Ill.App.3d 241 (Ill.App.Ct.2009) (demand cuts off storage fees; lien holder must not charge after demand)
- GMAC v. D.C. Wrecker Service, 220 W.Va. 425 (W.Va.2007) (storage fees not extend beyond owner’s release demand)
- Owens v. Pyeatt, 248 Cal. App. 2d 840 (Cal. App.4th Dist.1967) (garageman not entitled to storage when lienholder retains after release demand)
- Lake Charles Nissan, Inc. v. State Farm Mut. Auto. Ins. Co., 590 So. 2d 614 (La.App. 3 Cir.1991) (Louisiana statute; storage duration must be reasonable; not clear on release demand)