Chadley Morris v. All County Towing, Inc. La Mirage Homeowner’s Association Inc., and Progressive Direct Insurance Company

Michelle Kane (Islamorada, FL) (Property) obtained Summary Judgment in a third-party claim for All County Towing, Inc. on an alleged violation of the Wrongful Non-Consensual Towing statute 715.07 and local ordinances, as well as, on claims for negligence. Plaintiff, Chadley Morris, was visiting a friend in a HOA community when his vehicle was in the process of being towed for his violation of the parking rules. In an attempt to stop the tow, Mr. Morris entered his vehicle already hoisted on the tow truck wheel lift where he started the car and put it in reverse. As a result, the car fell off the lift and toppled over causing damage to the vehicle and alleged personal injuries. The Plaintiff alleged the property damage and personal injuries were caused by the tow company violating the Florida towing statute and local ordinances, as well as, by the negligence of the tow truck operator. A primary issue in the case was whether the tow commenced before 1:00 a.m. in violation of the HOA rules and consequently in violation of the applicable statutes and local ordinances. During the discovery phase, the Plaintiff failed to produce evidence of the alleged illegal tow. In addition, the Plaintiff was found to be in violation of multiple court orders regarding discovery violations. Ultimately, the case proceeded to a hearing on All County’s summary judgment motion. The court ruled in favor of All County on the merits of the claim and its defenses. The court found that the statute and ordinances did not create a private right of action and that there was no evidence of an illegal tow. In addition, the court also ordered the case dismissed with prejudice for Plaintiff’s multiple discovery violations.