Weatherspoon v. Tillery Body Shop, Inc

In Weatherspoon v. Tillery Body Shop, Inc., 44 So. 3d 447 (Ala. 2010), the owner of a vehicle that had been deemed abandoned brought an action against the towing company that towed and auctioned the vehicle, alleging negligence and wantonness, statutory deprivation of possession, recover of chattel in specie, conversion, negligent and wanton supervision, and fraudulent suppression. Id. at 448. The court reasoned that the vehicle owner's claims related specifically to the towing company's handling of the vehicles it towed, and expressly sought the enforcement of state laws related to duties owed stemming from the transportation of property. Id. at 458. The court held that the vehicle owner's state law claims against the towing company were preempted by 49 U.S.C. 14501(c)(1). Id.