Chapa v. Traciers & Associates

Ford Motor Credit hired Traciers & Associates (defendant) to repossess a defaulting borrower's Ford Expedition, but Traciers's employee, Paul Chambers (defendant), was mistakenly sent to the home of the borrower's brother and his wife, Carlos and Maria Chapa (plaintiffs), who owned an identical model. Unaware Maria had briefly left her two children in the Expedition while moving another car out of the driveway, Chambers towed the vehicle from the street; upon hearing sounds and realizing children were inside, he immediately returned the truck to the Chapas' home. The Chapas sued for the severe emotional distress caused by the improper repossession, and the trial court granted summary judgment for the defendants.