A QUESTION OF ETHICS
Raymond and Joan Massengill borrowed money from Indiana National Bank (INB) to purchase a van. Toward the end of the loan period, the Massengills were notified by mail that they were delinquent on their last two loan payments. Joan called INB on a Saturday and said that she did not agree with the amount that INB said was due. It was arranged that the Massengills would go to the bank the following Monday morning and take care of the matter. In the meantime, INB had made arrangements for the van to be repossessed. At 1:30 A.M. Sunday, two men appeared in the Massengills' driveway and began to hook up the van to a tow truck. Raymond, assuming that the van was being stolen, went outside to intervene and did so vociferously. During the course of events, Massengill became entangled in machinery at the rear of the tow truck and was dragged down the street and then run over by his towed van. The repo menthose hired by INB to repossess the vanknew of Raymond's plight but sped away. The trial court granted summary judgment for the bank, ruling that the bank was not liable for the injuries caused by the repossession company. On appeal, however, the court ruled that the bank could be liable for the acts of the repossession company and remanded the case for the determination of damages.
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