The U.S. Supreme Court has ruled generally that federal trucking laws do not per-empt a state claim against a New Hampshire towing company
The court ruled Monday in a Manchester case connecting Robert Pelkey, who lived at an apartment building complex in 2007 when he had to go a hospital for pollution and suffered a heart attack. He used a handicapped parking spot, and left his car parked there while he was hospitalized.
The car was towed by Danes City Auto Body when it was not moved during a winter parking ban and then sat in the towing business lot for 2 months. The shop supposed it was abandoned. It finally took ownership of the car and traded it.
Pelkey sued Danes City Auto Body under the Consumer defense Act. The case finished up in the New Hampshire Supreme Court, which upturned a superior court finding and ruled in his favor.
The lawyer for the tow company appealed, citing central trucking laws that were passed in the 1980s to unify trucking and tow system among all the states.