Maag files class certification motion in case against local towing company

Ann Maher Jun. 7, 2012, 9:00am

Attorney Thomas G. Maag has filed a motion for class certification in a suit that claims a local firm has towed hundreds or more vehicles without owners' consent.

Maag represents Tiffany A. Craycraft of East Alton in her case against Black Lane Auto Parts in Caseyville.

Craycraft alleges Black Lane towed her Ford Taurus from a Caseyville road on April 11 without her consent. She claims it had only been left for less than two hours.

The proposed class action claims the company does not have authorization to tow vehicles unless they have been abandoned on a toll highway or interstate highway for more than two hours or have been abandoned on a highway in an urban district for more than 10 hours.

In a June 6 motion, Maag proposes certifying a class that includes persons whose vehicles were towed from May 10, 2009, in which the vehicles were alongside roadways for a time period less than that specified by statute, "and the operator of the vehicle was not placed under arrest for a violation of...the Illinois Vehicle Code."

He also seeks to include persons who paid funds to Black Lane Auto Parts to get vehicles that had been towed with authorization from law enforcement, from May 10, 2009, and in which Black Lane did not provide a detailed signed receipt showing the legal name of the towing service at the time of payment.

The class action suit was filed approximately one month after Craycraft's vehicle was towed.

Madison County Circuit Court case number: 12-L-641.

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