Auto Loan Company Off the Hook
We achieved voluntary dismissal upon preliminary objections in a commercial litigation case. The plaintiff, a towing company located in Western Pennsylvania, towed a vehicle at the request of the Pennsylvania State Police after a single vehicle rollover accident. The towing company stored the vehicle for many months and then filed suit against the vehicle owner and our client, a national auto loan financial company (which had financed the purchase for the owner) for breach of contract and unjust enrichment. The plaintiff was seeking several thousand dollars in accident removal, towing and storage fees, as well as attorney’s fees. Jamey filed preliminary objections in the nature of a demurrer on the basis that the Pennsylvania Vehicle Code, Abandoned Vehicles and Cargo section, precluded the plaintiff from seeking recovery of such expenses and limited the plaintiff’s recovery to the salvage value of the abandoned vehicle (which was a total loss). Plaintiff’s counsel did not file a response in opposition and then dismissed the case with prejudice.