A.J.'s Wrecker Service of Dallas, Inc. v. Salazar
In A.J.'s Wrecker Service of Dallas, Inc. v. Salazar, 165 S.W.3d 444 (Tex. Ct.App. 2005), the plaintiff's car was towed from an apartment parking lot by the defendant. Id. at 446.
The defendant notified the plaintiff that it had possession of her car. After a period of approximately sixty (60) days, the plaintiff obtained her car from the defendant and filed suit alleging negligence per se, conversion, civil theft, and trespass to chattel. Id.
The defendant argued that the plaintiffs claims were preempted by 14501(c)(1). Id.
The Salazar court reasoned that "trespass to chattel, conversion, and civil theft have elements closely related to AJ's non-consensual towing service. Towing cars without the owners consent is one of the services AJ's provides." Id. at 449.
The Salazar court held that the plaintiff's claims arose directly from the defendant's service of towing cars. Id. The court concluded that the plaintiff's tort claims constituted the enactment or enforcement of a state law related to a motor carrier's prices, routes, or services and thus held that the plaintiff's claims were preempted by federal law. Id.