Lopez v. Rendered Services, Inc.

Illinois Appellate Court
Civil Court
Attorney's Fees
Citation
Case Number: 
2019 IL App (1st) 181869
Decision Date: 
Wednesday, July 31, 2019
District: 
1st Dist.
Division/County: 
Cook Co., 3d Div.
Holding: 
Reversed.
Justice: 
ELLIS

Plaintiff sued towing company and its agent for towing his vehicle in violation of section 4-203(f)(3) of Illinois Vehicle Code, “Unlawful Removal of Vehicle”. Plaintiff prevailed at trial; Defendants appealed court’s award of attorney fees. Vehicle Code awards fees only against the owner or lessor of the property, or someone authorized by that person, who orders a vehicle removed from the property, and not the towing company.  (FITZGERALD SMITH and HOWSE, concurring.)