Kouba v. East Joliet Bank

I agree with the majority that the motion for summary judgment in favor of Kiester’s Garage should not have been granted, and I join in the reversal of that count. I do not agree that the bank has no liability for the acknowledged breach of section 9 — 503 by breaching the peace in retaking plaintiff’s truck. There is no dispute that plaintiff Acelia Kouba was dragged from the truck by her neck during the repossession or that such an action on the part of the repossessors constituted a breach of the peace. The majority relies upon an agency theory to relieve the bank of potential liability…