Thrash v. Credit Acceptance Corp.
Supreme Court of Alabama
1Dissent
I concur with the majority's holding that Kenneth Thrash and Kathryn Thrash presented substantial evidence indicating that Credit Acceptance Corporation ("CAC") had reserved the right of control over the manner in which Gulf Coast Recovery Services Storage, Inc. ("GCRS"), repossessed the Thrashes' vehicle.
I dissent from the majority's holding that the Thrashes presented substantial evidence indicating that GCRS committed a breach of the peace and entered the Thrashes' premises unlawfully when it repossessed the Thrashes' vehicle. GCRS placed liquid dish-washing soap on the Thrashes' driveway…
2Cases cited3 opinions
- General Finance Corp. v. SmithSupreme Court of Alabama · 1987
- Madden v. Deere Credit Services, Inc.Supreme Court of Alabama · 1992
- Pleasant v. WarrickSupreme Court of Alabama · 1991