Ayala is proud to announce that it has defeated the defendant’s Motion for Summary Judgment (MSJ) in a case where Ayala’s client alleges that the defendant, the towing company, improperly towed its 18-wheeler truck, thereby damaging the truck’s transmission.
A MSJ is a motion that seeks to prevent a case from going to trial—in this case, a jury trial—because there are allegedly no “issues of material facts” in dispute in the case. It is the party moving for summary judgment who bears the burden to prove that the case should not go to trial.
In the present case, the defendant argued in its MSJ that, because the tow was ordered by law enforcement, it is immune from any liability for damage caused to the vehicle.
Ayala’s attorney argued that even if the tow was ordered by law enforcement, the defendant was still required to handle the vehicle with care, and thus, a jury should decide if the tow company should be responsible for the damages.
The defendant also argued that the vehicle was a “hazer to traffic” and was “obstructing the normal movement of traffic” as stated in Florida Statutes 713.78(7)(a). However, Ayala’s attorneys presented the uncontroverted testimony of the deposition of the highway patrol trooper who testified that the vehicle was not blocking traffic, and, had it been, it would have been tagged for immediate removal.
The judge in the case was persuaded that enough factual issues exist to take the case to a jury trial.
For more information about illegal towing cases, contact an experienced litigation attorney at Ayala at 305-570-2208.
You can also email directly to wrongful towing attorney Eduardo A. Maura at eduardo@ayalalawpa.com.
You can also schedule a case evaluation online at https://www.lawayala.com/
