Question: Yvonne Sanchez borrowed money from MBank to purchase an automobile
Yvonne Sanchez borrowed money from MBank to purchase an automobile. She gave MBank a security interest in the vehicle as collateral to secure the loan. When Sanchez defaulted on the loan, MBank hired El Paso Recovery Service, an independent contractor, to repossess the automobile. The two men from El Paso who were dispatched to Sanchez’s house found the car parked in the driveway and hooked it to a tow truck. Sanchez approached them and demanded that they cease their efforts and leave the premises, but the men nonetheless continued with the repossession. Before the men could tow the automobile into the street, Sanchez jumped into the car, locked the doors, and refused to leave. The men towed the car at a high rate of speed to the repossession yard. They parked the car in the fenced repossession yard, with Sanchez inside, and padlocked the gate. Sanchez was left in the repossession lot with a Doberman Pinscher guard dog loose in the yard. Later, she was rescued by the police. Sanchez filed suit against MBank, alleging that it was liable for the tortious conduct of El Paso. MBank challenged it was not liable because El Paso was an independent contractor. Who wins? MBank El Paso, N. A. v. Sanchez, 836 S. W. 2d 151, 1992 Tex. Lexis 97 (Supreme Court of Texas)
Answer to relevant QuestionsG. Elvin Grinder of Marbury, Maryland, was a building contractor who, for years, did business as an individual and traded as “Grinder Construction.” Grinder maintained an open account on his individual credit with Bryans ...Ronald Wayne Smith was employed by Modesto High School as a temporary math instructor. In addition, he coached the girls’ baseball and basketball teams. The contract under which he was employed stated that he “may be ...The Frouge Corporation (Frouge) was the general contractor on a housing project in Philadelphia. The carpenter employees of Frouge were represented by the Carpenters’ International Union (Union). Traditional jobs of ...Trans World Airlines (TWA), an airline, operated a large maintenance and overhaul base for its airplanes in Kansas City, Missouri. Because of its essential role, the stores department at the base operated around the clock, ...Robert K. Powers and Lee M. Solomon were among other limited partners of the Cosmopolitan Chinook Hotel (Cosmopolitan), a limited partnership. Cosmopolitan entered into a contract to lease and purchase neon signs from ...
Post your question