Chapin v. Hayes Wrecker & Towing Service

COVINGTON, Chief Judge.

Defendant appeals the judgment of the trial court awarding plaintiff damages in this suit for allegedly illegally towing plaintiff’s vehicle from private property. Because we find that plaintiff failed to meet the burden of proof in establishing a prima facie case against defendant, we reverse the judgment.

The record establishes that plaintiffs husband was in an auto accident on October 24, 1985. Subsequent to the accident, plaintiff and her husband had the vehicle towed to what had been the business premises of the husband’s former employer, U.S. Rentals, as the couple…