First American Bank, N.A. v. District of Columbia

I respectfully dissent from the majority’s conclusion that when the District of Columbia government tows and impounds cars, it acts in the role of a “bailee for hire” subject to an ordinary standard of negligence. Rather than equate the government in this respect with the owner of a commercial parking lot, I would hold that in exercising the police function of enforcing the motor vehicle laws, which may include impounding cars, the District acts in a manner akin to a “gratuitous bailee” and is liable only for gross negligence.

*999The District’s obligation to tow, impound, and store vehicles…