Date of Case Completion (Plaintiff’s Claim):
April 29, 2019
Category:
Commercial Litigation / Garagekeeper’s Lien / Conversion Defense
Summary:
McLemore Law PLLC obtained judgment as a matter of law in favor of Specialized Truck Repair Corporation, defeating a $500,000.00 conversion lawsuit brought by Thomas Shane Sullivan. The court held that Specialized’s possession of the truck was legal under Tennessee’s garagekeeper lien statutes and dismissed the conversion claim. Specialized’s counterclaims remain pending.
Description:
Case Name: Thomas Shane Sullivan, d/b/a Sullivan Trucking Company v. Specialized Truck Repair Corporation
Court: Circuit Court of Williamson County, Tennessee at Franklin
Case No.: 2017-664
The dispute arose when Thomas Shane Sullivan delivered his commercial truck to Specialized Truck Repair Corporation for diagnostics and repairs. An agreement was made for service in exchange for payment. Specialized completed the authorized repairs, but Sullivan failed to pay the invoice. Rather than pay, Sullivan filed a lawsuit for conversion, seeking $250,000 in compensatory and $250,000 in punitive damages.
McLemore Law PLLC defended Specialized by asserting garagekeeper and mechanic’s liens under T.C.A. §§ 66-19-103 and 66-19-101, which legally permit retention of a vehicle until payment is made. An agreed order confirmed that Specialized held a possessory mechanic’s lien.
On March 1, 2019, McLemore Law filed a Motion for Summary Judgment, arguing that Plaintiff could not establish any of the required elements for conversion, including unlawful possession. The court agreed, citing that Plaintiff failed to pay for services rendered and that Specialized’s possession of the vehicle was lawful.
On April 29, 2019, the court granted summary judgment and dismissed the conversion claim. Specialized’s counterclaims for Debt Collection, Breach of Contract, Quantum Meruit, and Abuse of Process remain pending.