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Consumer Law Keyed to Whaley, 9th Ed.
Griffith v. Valley of the Sun Recovery and Adjustment Bureau
Citation:
613 P.2d 1283 (1980)Facts
Norman Griffith was an innocent bystander who was severely injured during an attempted automobile repossession. A-Able Adjusters, a collection and repossession agency, had been authorized by American National Bank & Trust Co. to repossess a 1973 Lincoln Continental. Donald Gorney, an employee of A-Able Adjusters, was aware of prior unsuccessful repossession attempts and a violent confrontation involving attack dogs. Despite this knowledge, Gorney unscrewed the spotlight illuminating the area where the car was parked and set off the car’s burglar alarm around 4:00 a.m. on April 30, 1977. The alarm aroused neighbors and police were called. After the police left, Gorney returned and again triggered the alarm while attempting to take the car. The repossession effort met with verbal and physical resistance. A neighbor, responding to what appeared to be a car theft, arrived armed with a shotgun. Bob Williams shouted for the gun, and as the neighbor passed it to Williams, the shotgun accidentally discharged, severely injuring Norman Griffith. Gorney remained at the scene throughout this confrontation and did not leave until after Griffith had been shot.
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