S.D. Supreme Court reinstates claim over wrecked semi-tractor
Towing company that retrieved from accident claimed truck was abandoned
A towing company that removed a wrecked semi-tractor from an accident scene should not have been allowed to keep the tractor absent further judicial proceedings, the South Dakota Supreme Court ruled this week.
The decision reverses a lower court judge who granted summary judgement to Plains Towing and Recovery, allowing the company to keep a tractor in its dispute with Scotlynn Transport.
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Law enforcement summoned Plains Towing to a Meade County accident scene on June 6, 2020. The towing company moved the tractor and trailer to its storage facility in Sturgis.
Two days later, a fleet manager for Scotlynn made arrangements with the Plains Towing office administrator to pick up the trailer and pay a storage fee for the tractor until an insurance adjustor could inspect its damage. In an email, the two agreed to retrieval fees and a daily storage fee of $100 for the tractor.
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