The
SD Supreme Court handed down one decision this morning, holding, inter alia:
- Challenge to tow company’s “abandoned title” reinstated
Summary
follows:
SCOTLYNN
TRANSPORT, LLC v. PLAINS TOWING & RECOVERY, LLC, 2024 S.D. 24: At the direction of a law enforcement
officer, Defendant removed a semi-tractor and trailer from an accident
site. Thereafter, Defendant sought to
invoke the procedure set forth in with
SDCL 32-36 (titled, “ABANDONED, DERELICT AND JUNK MOTOR VEHICLES AND
SCRAP METALS”) to secure a new title for the semi-tractor from the SD Dept. of
Revenue. Original title owner brought
this action against Defendant asserting “several claims” as to ownership. The trial
court granted summary judgment for Defendant finding that Defendant “had
complied with SDCL 32-36-8 and lawfully obtained title to the tractor.” The SD Supreme Court reversed and remanded,
stating:
[¶25] …the parties’ writings
and conduct support the inference of an implied contract to store the tractor
And
finding:
[¶38] there are disputed material facts relating to
[Plaintiff’s] implied contract theory
This
decision is unanimous (5-0) with opinion authored by Justice Salter.
This
decision may be accessed at
