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WILLIAMSON v. FOWLER TOYOTA, INC.

No. 84904.

956 P.2d 858 (1998)

1998 OK 14

Jim WILLIAMSON, d/b/a Williamson Auto, Appellee, v. FOWLER TOYOTA, INC., Appellant.

Supreme Court of Oklahoma.

Rehearing Denied April 21, 1998.

Attorney(s) appearing for the Case

Jeff Belote, Gotcher & Belote, McAleste, for Appellee.

Gary s. Pitchlynn, Patrick A. Morse, Pitchlynn, Morse, Ritter & Morse, Norman, for Appellant.

ALMA WILSON, Justice:

¶ 1 The issue is whether a creditor is liable for the trespass and the resulting damages caused by an independent contractor employed by the creditor to repossess secured collateral pursuant to 12A O.S.1991, § 9-503. We hold that the statute creates a nondelegable duty on the creditor to refrain from breaching the peace when repossessing secured collateral, and therefore the creditor is liable...

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