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Major Win on Appeal - Tow Release Fees

Posted on May 05, 2015

Our appeal of Judge Thomas Chapman's order dismissing four consolidated class actions was granted May 4, 2015.  The Fifth District Court of Appeals ruled that Judge Chapman erred in dismissing the class actions.  Their opinion stated that the dismissal of the cases was premature given no discovery had been conducted by Plaintiffs counsel and that the Complaint as plead could sustain a viable claim against the municipalities.  At issue was the $500.00 fee charged by municipalities to a person arrested for various charges including DUI and Driving While Suspended.  The fee represented an "administrative processing fee" which did not include the actual towing of the suspect's car.  The towing fee and impoundment fees were extra.  And the fee did not include the bond required to be posted by Supreme Court Rule for whatever offense the person was charged with. 

There were three arguments made by each of the four municipal defendants.  Each argument was rejected by the Fifth District Appellate Court.

These cases can now proceed to discovery and trial.  I anticipate a lengthy process but look forward to presenting the facts of the lawsuits to a jury. 

 

The decision is : http://www.state.il.us/court/Opinions/AppellateCourt/2015/5thDistrict/5130544.pdf

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