Appeals Court Dismisses Tow Operator's Suit Against Competing Tower, Body Shop - BodyShop Business

Appeals Court Dismisses Tow Operator’s Suit Against Competing Tower, Body Shop

The U.S. Sixth Circuit Court of Appeals upheld a decision by a federal judge in Chattanooga, Tenn., who "dismissed with prejudice" a suit against a Shelbyville, Tenn., towing operator filed by a competing company, the Shelbyville Times-Gazette reported.

In 2008, Robert Bushnell, owner of Quality Collision and Towing, filed a federal lawsuit against Bedford County, the City of Shelbyville, its police department and Ray Brown of Ray’s Paint and Body, claiming that towing and repair jobs were steered toward one business as part of a 35-year conspiracy.

The city of Shelbyville had barred towing companies from arriving at accident scenes unsolicited, creating a "rotation schedule" that was designed to distribute customers impartially, the newspaper reported. Bushnell alleged that for roughly 35 years, Shelbyville police, the city and county "engaged in an established pattern…which has involved the purposeful routing of wrecker calls and body repair work through a single, local business known as ‘[Beech’s] Body Shop’…"

According to the suit, the firm was previously owned by J.C. Beech and now was operating under the name "Ray’s Paint and Body," owned by Brown. The suit identified Brown as a relative of Beech who has managed the tow service for many years. However, Brown said he could not have taken part in a 35-year conspiracy because he is only 37 years old and not a relative of J.C. Beech, plus his business was not a successor to Beech’s.

The suit also accused participants in the alleged scheme of violating the Sherman Anti-Trust Act and engaging in racketeering, among other allegations.

The case originally was dismissed with prejudice in 2010, meaning that Bushnell was barred from bringing an action against Brown on the same claim, and the Court of Appeals upheld that decision.


More information:

Read the full story from the Times-Gazette

You May Also Like

Body Bangin’: The Disengagement Epidemic with Kevin Wolfe

Micki Woods interviews Leaders Way Owner Kevin Wolfe on why 73% of work professionals are disengaged today and what we can do about it.

Micki Woods, master marketer for collision repair shops and owner of Micki Woods Marketing, has released the latest episode of "Body Bangin'," the video podcast that is taking the industry by storm!

In this episode, Woods interviews Kevin Wolfe, owner of Leaders Way and former mechanical shop owner, on how he became the shop everyone wanted to work at. Wolfe also points out that 73% of work professionals today are disengaged — an all-time high — and discusses why that is and how we can fix that.

Body Bangin’: I Thought We Were Doing It Right with Josh Piccione

Micki Woods interviews Josh Piccione on repairing vehicles correctly — according to manufacturer guidelines.

Body Bangin’: Be a Star Not a Hamster with Robert Snook

Micki Woods interviews popular keynote speaker Robert Snook on how to differentiate and grow your business.

Body Bangin’: Know Me, Know My Car with Mike Anderson

Micki Woods interviews Mike Anderson on the importance of building an emotional connection with your customers.

Body Bangin’: Fighting for Consumer Safety with Burl Richards

Micki Woods interviews Burl Richards on his personal mission to fight for consumers’ rights and safety.

Other Posts

Body Bangin’: The Employer-Student Disconnect

Micki Woods interviews Raven Hartkopf, lead collision instructor at Collin College in Texas, on what students want from a shop employer.

Body Bangin’: Why Follow OEM Repair Procedures?

Micki Woods interviews Logan Payne of Payne & Sons Paint & Body Shop on the importance of following OEM repair procedures.

Body Bangin’: Getting Paid for Calibrations

Micki Woods interviews Andy Hipwell and James Rodis of OEM Calibration on how to get started doing ADAS calibrations.

Body Bangin’: What Are The Consolidators Up To With Laura Gay

Micki Woods interviews Laura Gay of Consolidation Coach on the current state of auto body shop consolidation.