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Torts Keyed to Miller
MBank El Paso v. Sanchez
Citation:
936 S.W.2d 151 (Tex. 1992)Facts
MBank El Paso (Defendant) hired El Paso Recovery Service to repossess Yvonne Sanchez’s (Plaintiff) automobile because of her default on a note, and the men they hired caused damage to Sanchez’s property. Two men dispatched to Sanchez’s home found the car parked in the driveway, and hooked it to a tow truck. Sanchez 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 then towed the car at a high rate of speed, with Sanchez inside, to the repossession yard. They parked the car in the fenced repossession yard and padlocked the gate. Sanchez was left in the repossession lot, with a Doberman pinscher guard dog loose in the yard, until later rescued by her husband and police. Sanchez filed suit against MBank, alleging that it was liable for the tortious acts of El Paso Recovery Service.
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