Williamson v. Fowler Toyota, Inc.

Fowler Toyota (defendant) held a security interest in a car whose buyer had stopped paying and donated it to a camp, which took it to Williamson Auto (plaintiff) for sale. Fowler hired independent contractor McGregor to repossess it; McGregor went to Williamson's lot after hours, cut the chain with bolt cutters, and towed the car away. Fowler accepted the car, told McGregor not to trespass, later sold it, and kept using him for repossessions. Williamson sued; a jury awarded $45 in actual and $15,000 in punitive damages. The Court of Civil Appeals reversed, and the Oklahoma Supreme Court granted certiorari.

Whether a secured creditor may be held liable for an independent contractor's breach of the peace committed during the repossession of the creditor's collateral.