PAYNE V. TK AUTO WHOLESALERS 911 A.2d 747 (2006) CASE BRIEF

PAYNE V. TK AUTO WHOLESALERS

911 A.2d 747 (2006)

NATURE OF THE CASE: Payne (P) appealed the dismissal for lack of subject matter jurisdiction of his action for claims of statutory theft, unconscionability of contract, and a violation of the Connecticut Unfair Trade Practices Act (CUTPA).

FACTS: P headed to D's premises with the aim of purchasing a car. Michael Robson, an employee of TK (D), greeted P, who identified himself as Paul Payne. P agreed to buy a car. P provided Robson with a Connecticut driver's license in the name of Paul Payne and signed both a credit application and purchase order as Paul Payne. Robson noticed that the photograph on the driver's license looked nothing like P. He nevertheless continued the transaction without raising any concerns. Robson accepted a down payment of $1,300 in cash. Robson obtained a telephone number for Paul Payne. The real Paul Payne stated that he was not purchasing an automobile. Paul Payne then told Robson that P had stolen his identity and asked Robson to contact the police. Robson complied, and the police lured P back to complete the transaction. P was apprehended and convicted for identity theft. P sued D on April, 2004 for statutory theft in violation of General Statutes 52-564, unconscionability of contract under General Statutes 42a-2-302 4 and a violation of the Connecticut Unfair Trade Practices Act (CUTPA). P sought $1,300 in compensatory damages and $9 million in punitive damages. During oral argument on a motion to strike, the court learned that P had removed $3,000 from Paul Payne's bank account by using the stolen identify. D then argued that P lacked standing to maintain the action. The court dismissed the action for lack of subject matter jurisdiction. P appealed.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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