<BLOCKQUOTE><font size="1" face=" Arial, Verdana, Helvetica">quote:</font><HR>Originally posted by Vern:
Summary. I work next to a McDonald's restaurant. I parked my motor vehicle there for 4 hours. When I returned, McDonald's had my vehicle towed from their private property. There are NO posting of any signs prohibiting this activity. The towing and impound cost was $50. Upon review of Arizona Revised Statutes Title 9 499.05, I learned that McDonald's was in gross violation of said statute. Todate, McDonald's would like to pay me the $50 (compensatory damages) and provide me with a "happy meal" LOL. I have sent them a letter of demand asking that they put closure to this matter. I really thin this situation warrants punitive damages. How much is reasonable? I have received a bid as to what the cost would be to provide and install the necessary signs that would posted to comply with Arizona law, BEFORE they tow another motor vehicle from their
property. If I asked for this amount (Approx. $2,400) in punitive damages, what advice can you give?
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My response:
Hold on there, little Buckaroo. First, you were on their property without permission. Second, they didn't know who you were. Third, in order to get punitive damages, the cause of action and allegations must be even HIGHER than gross negligence - - the acts of McDonald's must be directly, and personally aimed against you, and amount to "malice" with a total disregard for your rights and/or safety. Towing a trespassing vehicle hardly amounts to "malice." At best, and this is soaking wet, the actions of McDonalds, without compliance with the towing laws, amounts to "conversion" of private property. You'd still really be hard-pressed to prove that. If you wanted to try for an injunction to stop them from towing vehicles until they comply with the law, it would be so costly that . . . . and besides, don't you think their attorneys could and would make your life a living hell?
Take their $50.00 and their Happy Meal, and call it a day. It's between McDonalds and law enforcement authorities whether or not McDonalds should comply with the law.
The issue and "principle" are too small, and that, along with a dime, won't get you a cup of coffee - - although, it might get you a bag of small fries.
IAAL
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