On June 29, 2016, a Shelby County (Tenn.) jury rejected Proffitt’s claim of self-defense and convicted him of attempted second degree murder. Proffitt was sentenced to fourteen (14) years in prison. He appealed the judgment to the Tennessee Criminal Court of Appeals. In a written opinion issued on December 13, 2018, the appellate court in State of Tennessee v. Joseph Proffitt upheld the jury’s verdict. Former tow truck driver Arnold remains paralyzed and is confined to a wheelchair. Proffitt currently resides at the Trousdale Turner Correctional Center in middle Tennessee. He has a parole hearing scheduled in July 2020.
Murel Laughlin, owner of Laughlin Wrecker Service, in Greeneville, Tennessee, passed away in January 2014. But he left behind an important court ruling about assessing the value of used tow trucks.
Every automobile loan agreement contains a provision allowing for self-help repossession in the event of default. If the borrower does not make the scheduled loan payments on time, a repossession agent is sent to pick up the vehicle. The uniform code on secured transactions provides that a repossession must be accomplished “without breach of the peace.”
When adopting a policy around political discussion, tow companies should distinguish between what an employee can do off the clock versus on the clock. Importantly, an ideal policy should include language that will allow an employer to maintain control over the workplace. Therefore, employers should advise employees that any workplace disruptions, including disruptive political discussions, may be subject to discipline.
Many tow companies have municipal towing contracts which can be valuable assets. Depending on the value of the contract, tow companies that possess these contracts are often solicited by other companies who wish to purchase the tow company and its contracts. In recent years, this has been a particularly common strategy here in Kansas City where municipal tow contracts have become extremely competitive and have been awarded to companies of all shapes and sizes.
Refusal to Return Recovered Stolen Vehicle to Owner Results in Criminal Conviction for Tennessee Tow Operator
Back in 2013, Morristown towing company owner James Morgan unwittingly got involved in a stolen car ring. Morgan, a one-truck operator, received a request to impound several dilapidated vehicles. The person requesting the tows indicated that he had bought the vehicles from their owners. It turned out that, in fact, he had not purchased some of the vehicles. He was using Morgan’s towing service to steal the cars.
I bet at the very end of most every agreement your tow company signs, there is a bunch of legal mumbo jumbo that you don’t feel like reading. This is understandable. Truth be told, when I am hired to read contracts, I don’t particularly enjoy reading the fine print either. But you should.
As the year comes to a close, it is time again to reflect back on another great year of being a part of the towing community. It is a pleasure working with everyone and we thank you for the opportunity. We are looking forward to 2019, as TowLawyer is planning on some new endeavors to further serve our members. Best wishes and Happy New Year!
As another year comes a close, it is always time to reflect back and give thanks. We are privileged to be a part of the towing community and am extremely grateful for the friendships and opportunities this industry has provided. We wish everyone and their families a safe and happy holiday.
When it comes to the tow business, the answer is…it depends. I would say as a general rule, courts disfavor “restrictive covenants” in the workplace. A restrictive covenant is, by definition, something that restricts another from doing something. A covenant not to compete is one example of a restrictive covenant. Typically, they are introduced at the inception of one’s employment and, as a condition of accepting employment, the prospective employee agrees to a number of post-employment conditions, such as non-competing with the company, not soliciting the company’s customers, and otherwise not using the customer’s confidential information.