## Facts

- Christopher and Joy Callaway bought a 1993 Geo Tracker from a dealer; financing was provided by Baldwin Finance, which held a security interest permitting repossession upon default.
- After the Callaways missed an August 2000 payment, Michael Whittenton (an independent repossession contractor) repossessed the vehicle without incident; Christopher later paid the arrearage and repossession fee and recovered the vehicle.
- The Callaways did not timely make the October payment; they asserted an oral agreement extending the due date, but the record reflected no corroborating evidence or consideration for the alleged extension.
- On November 6, 2000, Whittenton attempted a second repossession using a tow truck.
- The Callaways’ evidence indicated Joy asked Whittenton to leave, Christopher objected and sought to remove personal items, and Christopher was injured during the tow process (including being dragged and having his foot run over).
- Whittenton’s evidence indicated Christopher ran toward the moving vehicle after it was fully connected and jumped onto it.
- The Callaways sued Whittenton asserting, among other claims, wrongful repossession and trespass.
- The trial court entered judgment as a matter of law (JMOL) for Whittenton on wrongful repossession and trespass; remaining claims went to the jury, which found for Whittenton.

## Issues

1. Whether the evidence, viewed in the Callaways’ favor, could allow a reasonable jury to find the repossession was conducted with a breach of the peace (wrongful repossession), making JMOL improper.
2. Whether Whittenton was entitled to JMOL on the trespass claim based on entry onto the property to repossess collateral under the security agreement.

## Decision

- The Alabama Supreme Court reversed the JMOL on the wrongful-repossession claim and remanded for further proceedings.
- The Court held that, on the Callaways’ version of events, a jury could find that the repossession involved physical force or provoked a violent confrontation, constituting a breach of the peace.
- The Court affirmed the JMOL on the trespass claim, concluding the record did not support treating Whittenton’s entry onto the property to repossess as an actionable trespass under the circumstances.

## Legal Principles

- Under Alabama’s UCC self-help repossession rule, a secured party may repossess collateral without judicial process only if it can be done without breach of the peace.
- A repossession involving actual or threatened physical force, or conduct likely to provoke violence, may constitute a breach of the peace and support liability for wrongful repossession.
- When reviewing JMOL, courts must view the evidence in the light most favorable to the nonmovant; fact-intensive breach-of-peace disputes are generally for the jury when evidence supports competing inferences.
- Entry onto property to repossess collateral pursuant to a security agreement and within lawful limits is not, by itself, an actionable trespass.

## Conclusion

The court held that evidence of injury and physical confrontation during the towing permitted a jury to find a breach of the peace, requiring reversal of JMOL on wrongful repossession, while affirming JMOL on trespass because the repossessor’s entry for repossession under the security agreement was not independently tortious on this record.


Callaway v. Whittenton, 892 So. 2d 852 (Ala. 2003)