MISSOURI -- A man who spent five years on probation for causing a wreck that killed two men wants almost $10,000 from the city of St. Louis for damage to his sports car when officials towed it from the scene.

An appeals court said this week he may have a case.

At issue is an exception to the "doctrine of sovereign immunity," a principle passed down from English common law that protects government agencies from most suits.

Over many years, Missouri courts have developed two main exceptions: One is liability for dangerous conditions, such a gaping hole in public property. The other is liability for job-related vehicular accidents, such as those involving firetrucks, police cars or tow trucks.

Gordon Allen, whose 1983 Mercedes Benz SL roadster was involved in a crash the night of April 3, 1998, on Interstate 70 near Union Boulevard, said he was wronged by a city tow truck.

The car was pulled first to the police garage, 3919 Laclede Avenue, and nearly three weeks later to a city lot at 7410 Hall Street.

The engine was damaged during the second tow, when the car was improperly hauled from the front, he claimed. Turning the rear wheels on the pavement also turned the transmission and caused engine havoc, the owner said.

"You wouldn't have believed it," Allen said this week. "It cracked the piston heads. Bent the rods. Totally ruined the engine. It looked like somebody set a bomb off inside."

Damages totaled $9,926.44. Allen, 56, of St. Louis, said he got the car repaired and sold it this year.

Allen and his wife, Nancy Allen, sued the city last year to recover the damages. St. Louis Circuit Judge Angela Quigless dismissed the suit on Dec. 17.

In reinstating the case on Tuesday, the Missouri Court of Appeals cited the sovereign immunity exceptions.

Deputy City Counselor Edward Hanlon said Thursday, "It's sort of a close question, and (the appeals court) ruled on the side of letting plaintiffs go forward. We'll see what happens at the trial level."

In the crash, two men from Denver died when their Pontiac slammed into a wall and caught fire. Authorities said Allen's Mercedes had struck the Pontiac.

Allen pleaded guilty in 1999 of involuntary manslaughter and got five years' probation. Last year, he settled a wrongful death suit in the case, court records show. (Tim Bryant - post-dispatch.com)

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NEW JERSEY -- Two New Brunswick residents, who parked illegally and had their cars impounded,  have accused two local towing companies of overcharging on storage fees.

The issue boils down to the interpretation of the city's ordinance which is rather vague and ambiguous about when storage can be charged.

The ordinance says companies can't charge anything for keeping a vehicle between 8 a.m. and 8 p.m. the day of the tow but may charge $15 "per day for each 24-hour period or any portion thereof after the hours of 8 a.m. and 8 p.m. on the day of the tow."

One company's attorney said he interpreted New Brunswick's ordinance to mean a company could charge $15 for storage at 8:01 p.m. the day of the tow and another $15 at 12:01 a.m., the start of the next calendar day.

After a reporter requested an interpretation of the towing ordinance from New Brunswick's mayor, city attorney and police director, Catanese gave the answer that towing companies could charge $15 beginning at 8:01 p.m. but then should wait a 24-hour period before charging a second day of storage fees.

Mayor Jim Cahill and city Police Director Joseph Catanese downplayed the possibility that towing companies have been overcharging many New Brunswick residents. Cahill said Moss' complaint was the first of its kind this year at the mayor's office.

Catanese said complaints to the police about towing-fee disputes are "few and far between," about one or two per year. Catanese added that the city was reviewing the ordinance with a goal of clarifying the language. (Thanks FK)

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Stormin' Norman Horton invented the "Price Per Pound" billing system over 13 years ago. This is a system by which a tow company's heavy  recovery charges are based on the weight of the recovered vehicle instead of solely on the time involved in the recovey.

Many believe that the PPP system is a much more accurate method of billing for recovery services since recovery work was previously billed based on time, and a skilled recovery person could complete a recovery job in far less time than a lesser trained person.

The PPP system has gained great popularity and for many has become an industry standard billing method for heavy recovery work.

While information about the PPP system is available in video form from the TRAA, Horton says he continues to see improper use and undercharging when using the system. That's why Stormin's Inc. will now offer an informative PPP Training seminar.

The PPP seminar is available to associations and groups, and consists of approximately two hours of training on the PPP System, with lots of visual aids, a question and answer period, and several handouts to take home for future reference. 

The seminar will be taught by Stormin' Norman or Richard Wolf, his towing manager. Both have over 20 years experience in the towing industry and are experts in the PPP system.

For pricing or scheduling information, or to have a seminar at your tow show or association meeting, please contact Stormin’s Inc. at (334) 774-7138.

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NORTH CAROLINA -- A tow truck driver who was injured as he helped remove trees felled by Hurricane Isabel died Tuesday in a Virginia hospital, officials said.

It brings to four the number of people in North Carolina who died as a result of storm-related accidents.

William Trueblood, 60, fractured his neck Sunday when a tow truck cable broke as he worked on tree removal, said Andy Farmer, a spokesman for the Virginia Emergency Operations Center in Richmond.

Farmer had no additional information on the circumstances or nature of Trueblood's injury, or the name of the hospital where he died.

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NEW YORK -- Troy police have arrested a man for allegedly impersonating a police officer to avoid having his car towed.

Police reported an armed man was arguing with a tow truck operator on Sixth Avenue in Troy. Police said 48-year-old George Thaddeus Smith was upset over his car being towed -- he threatened the tow truck operator with a gun -- and identified himself as a federal police officer.

Smith was charged with criminal impersonation of a police officer, criminal possession of a weapon for an illegal switch blade and menacing.

Police also said Smith may have been involved in other incidents where he passed himself off as a police officer.

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MARYLAND -- The second of two defendants accused of killing a tow truck driver instead of paying his fee has been found guilty.

According to County State's Attorney Glenn F. Ivey, 17-year-old Brian Jerome Fletcher of Temple Hills was found guilty today of premeditated murder in the first degree, conspiracy to commit murder, use of a handgun and theft over $500 in the Dec. 12, 2001, slaying of tow truck driver Leo Fenwick.

Fletcher faces a sentence of life imprisonment plus up to 25 years as a maximum for all counts. He awaits sentencing Nov. 7.

Co-defendant Tyrone Powers, 18, already pled guilty to first-degree murder and also faces a maximum sentence of life. Powers will be sentenced on Oct. 3. (Scott M. Lowe Jr. - Gazette.net)

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ILLINOIS -- Customers in the towing and recovery industry will be among the first to benefit from Diamond Logic™ Builder, introduced today at ICUEE 2003 as the latest upgrade to the Diamond Logic™ electrical system from International Truck and Engine Corporation.

A tool that provides the capability to create exclusive software features for the Electrical System Control (ESC) module on International® trucks, Diamond Logic™ Builder allows customers to customize the installation, control and maintenance of specialized body equipment. Using an easy-to-operate graphical interface, users can write software unique to their company and their application, streamlining the installation and operation of International towing vehicles.

Truck equipment manufacturers now have the full advantage of the multiplexed design and electronic integration capabilities with Diamond Logic™ Builder,” adds Bannister. “The flexibility of the software allows both simple and complex customization – from relocating switches to sequencing capabilities.”

The Diamond Logic™ electrical system, the first of its kind in the industry, was first introduced in International 4000, 7000 and 8000 Series trucks. The flexible, and expandable, technology enabled complete vehicle integration, connecting the engine, transmission, cab and body into a single, smart electrical architecture.

That first stage of the Diamond Logic™ electrical system introduced new technologies in components such as solid state power switches, self calibrating gauges and low current switch devices used for driver controls, like rocker switches and HVAC controls. The system remained expandable through the use of remotely mounted power modules and air solenoid modules.

The Diamond Logic™ electrical system provides self-diagnosing intelligent modules that identify problems in the operation of a truck or its equipment, and help reduce overall repair troubleshooting time by as much as 80 percent. In the case of towing fleet managers and technicians, that level of efficiency equates to improved reliability, wider intervals between maintenance and a longer vehicle lifespan.

International Truck and Engine Corporation is the nation’s largest producer of mid-range diesel engines, medium trucks, heavy trucks, severe service vehicles, bus chassis and a provider of parts and service sold under the International® brand. The company also is a private label designer and manufacturer of diesel engines for the pickup truck, van and SUV markets. Additionally, through a joint venture with Ford Motor Company, the company builds medium commercial trucks and sells truck and diesel engine service parts. A subsidiary, IC Corporation, produces integrated school buses. International has the broadest distribution network in the industry. Financing for customers and dealers is provided through a wholly owned subsidiary of Navistar. Additional information can be found on the company's web site at www.InternationalDelivers.com.

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OHIO -- International Truck & Engine Corp. is betting that its new low-emission diesel engine technology is going to win a lot of friends among medium-duty fleets. That’s because its ’04 medium-duty diesels are expected to offer fleets more power and performance while consuming less fuel than its predecessors.

“Our ’04 engines were designed with EGR technology in mind. This is not an engine we had to add EGR to, it’s a cornerstone of the design,” said Tim Shick, director of marketing for International’s engine group.

In a presentation last week, Shick explained that International added new technology to the ’04 versions of its VT 365 V-8, DT 466, and DT 530 engine products to make them comply with new low-emission laws and also improve operating characteristics.

Instead of having two valves per cylinder, International’s mid-range diesels will have four valves per cylinder. The company also uses a common rail high-pressure fuel system without any external lines that can lead to pressure leaks, thereby hurting performance.

Also, a new digital G-2 spool valve replaces the analog solenoid valve previously used, increasing control of fuel consumption. Finally, an electronic variable response turbocharger (EVRT) helps boost both low- and high-end engine performances while also minimizing fuel consumption, said Shick.

“In essence, the EVRT helps the engine get power faster and hang in there longer,” Shick said.

All of these systems, integrated together, do more than just reduce engine emissions for International’s ‘04 engines, noted Shick. For the company’s VT 365, the ’04 version reportedly gets 5% to10% better fuel economy while the DT line should see a 5% improvement. Power will also increase largely as a result of the EVRT, said Shick, with the DT 466, for example, increasing from its current 195 hp to 210 hp in the ‘04 version. (Thanks Craig)

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CANADA -- Towing companies across the province want unpaid towing bills to be treated the same way as unpaid traffic tickets.

The New Brunswick Towing and Recovery Association plans to lobby the government to include towing bills in its motor vehicle legislation, association president Vernon Bishop said Monday.

Mr. Bishop said his members are left holding the bill every time a vehicle is towed and not claimed. They never get paid for the towing charge or the $10-a-day storage fee. Since the vehicles are not registered to them, there's nothing the companies can do until they go through a lengthy process to have the vehicles claimed by the province and turned over to them.

That, said Mr. Bishop, "takes forever and a day."

Then, since most of the cars are junkers, the only way companies ever recoup any of their costs is if they remove all the fluids and the tires and have them crushed for salvage.

Even then, they only get about $15 per ton.

"It's the same damn problem all over the province," said Mr. Bishop. "You've got these signs along the road that if you throw out a soup can, they can fine you $1,000 for littering. "You can leave two tons of junk along the side of the highway and there's no fine."

Mr. Bishop said it's costing his member companies a lot of money. Especially for large towing companies such as Loyalist City Towing Ltd. in Saint John.

"It's starting to get out of hand," said owner Bob McLean. "We're accumulating a lot of cars and nobody's coming for them. "It was all right when it happened once a week or once a month, but now it's happening three or four times a week."

Occasionally, he said, it's three or four times a day.

Mr. McLean and Mr. Bishop said the skyrocketing cost of insurance is making an already-bad situation much worse. Mr. Bishop said the tow bill should be treated the same way a motor vehicle ticket is under the law.

"If you park illegally, they can pull your license if you don't pay your parking ticket, but you can have a $200 tow bill and nobody has to pay it."

If owners are held responsible for towing bills, just as they are for traffic tickets, they are forced to clean up the outstanding bills on their last vehicle before they can register a new vehicle. (Mia Urquhart - Telegraph-Journal)

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ALASKA -- Some thieves in Anchorage have found that Alaska's vehicle registration laws make it fairly easy to fraudulently title cars and trucks, which can then be sold to unsuspecting buyers.

"At least that's what the criminals have told us," said Anchorage police Detective Steve Lyons.

In one case, retired truck driver George Dismukes spotted a 2001 Mitsubishi Montero at a park-and-sell lot. The selling price was much lower than the SUV was worth, Dismukes said, so he contacted the owner, Gregory P. Ruiz.

Ruiz had a title to the car that had been issued just a few days before. He told Dismukes he needed to sell it quickly because he had just been offered a job in Hawaii, according to charging documents and Dismukes.

Dismukes went to the bank and withdrew $22,000.

"I fell for it," Dismukes, 73, told the Anchorage Daily News.

A month later, police told him the Montero had been reported stolen in New York. The SUV was confiscated.

The New Yorker who owned the Montero had given it to Ruiz so she could report it stolen and collect on the insurance, detective Jim Anderson said. The car was brought to Alaska, re-titled in Ruiz's name using fraudulent paperwork, and then sold to Dismukes, according to police and court records.

Ruiz, 54, repeated the scam several times. He was sentenced to a year in prison after his conviction on a theft charge last year.

Meanwhile, the Montero is still in the possession of police. Deputy municipal attorney Linda Johnson said the interested parties will have to argue over it in court.

Police say Ruiz, like some other car thieves, lied on a one-page application, called the notification of impoundment and sale, and used the fraudulent paperwork to get title to the vehicles in his name, making it look like he owned them.

The application is available at the state Division of Motor Vehicles. It is a way legitimate towing companies can recover some towing and storage costs for vehicles that are not claimed by their owners.

Problem is, the DMV has little way of knowing if most of the things the towing company swears to are true. And anyone can claim to be a towing company.

"It's not a hard thing for a dishonest person to get around what the current law is," said DMV registrar Carl Springer, who oversees the processing of hundreds of the applications each year.

If the vehicle in question is registered in Alaska, the DMV can check some of the information on the affidavit against its own records.

If the vehicle is registered Outside, the DMV cannot tell if it's been stolen or verify the registered owner or lien holders, unless something suspicious about the application spurs further investigation, Springer said.

The DMV used to have access to the FBI's National Crime Information Center database, so every time a vehicle was entered into the DMV computer system, an automatic check was done to see if the vehicle was stolen anywhere in the country, Springer said. In the 1990s, when the DMV moved out of the state Department of Public Safety, it was no longer considered part of a law enforcement agency and lost access to the exclusive database, he said.

The DMV hopes to be allowed to subscribe to the NCIC again. In the meantime, Springer said, it would be very labor intensive to call Alaska State Troopers every time a vehicle from Outside is re-titled in Alaska to see whether it's reported stolen.

Last month, after a weeks-long sting operation, police arrested Thomas John Ryan, 61, of Last Frontier Towing. He was charged with three counts of perjury and three counts of forgery. He is accused of selling three falsified notification of impoundment and sale affidavits to an undercover detective for $100 apiece.

Had the affidavits been sold to anyone else, they could have been used to fraudulently retitle the vehicles, police said.

As part of the sting, police detectives and the DMV created fake registrations for three marked police vehicles _ a patrol cruiser, the crime scene van and the department's bomb squad.

The DMV changed the names on the registrations, listing Sunny, Lyons' 7-year-old yellow Labrador retriever as the owner of the bomb squad truck. A comedian was listed as owning the crime scene van. The patrol car was registered to a motivational speaker.

Anderson said the abuses could be curbed considerably if the DMV had someone dedicated to fact-checking the impound and sale affidavits.

"It would be a nice enhancement to have an investigation section," Springer said. The DMV has in the past requested money for that, he said, but it's always cut out of the budget. (Thanks Robert)

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OHIO -- An Elmore woman was killed yesterday when the car she was driving turned into the path of a semi-towing truck at Genoa and Pemberville roads in Wood County’s Lake Township, the Ohio Highway Patrol said.

Laura Sell, 18, was pronounced dead at the scene.

Ms. Sell was southbound on Pemberville about 7:45 p.m. when she failed to yield at a stop sign and tried to turn left onto Genoa. Her car was struck by the tow truck driven by Pat Gallagher, 44, of Genoa, which was westbound on Genoa. 

The car drove off the south edge of the road into a ditch, where it overturned and came to rest on the roof. Mr. Gallagher did not report any injuries, troopers said.

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ALABAMA -- A fugitive accused of leading police on a high-speed chase was in the Jefferson County Jail Saturday, NBC13 reported.

Woody Stidham was arrested at a home near the Jefferson and Walker county line Friday night, authorities said. 

Police said Stidham and Joseph Hicks, who is still on the run, allegedly stole a tow truck Thursday from a local service station before leading police on the chase through several towns.

The two are also suspects in several local burglaries, one of which involved firearms. The suspects are considered to be armed and dangerous.

The chase began on Highway 78 near Forestdale and ended with the stolen truck crashing into another car with two occupants and then driving into a ravine where the two suspects escaped on foot, authorities said.

The two passengers of the car were not injured.  (Thanks Pam)

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Freightliner Trucks announced it will make the Mercedes-Benz Automated Gear Shift transmission available for Freightliner Business Class M2 vehicles beginning in the first quarter of 2004.

“This transmission allows drivers to focus their attention on what’s most important: the driving task and the road ahead,” said Mark Lampert, Freightliner senior vice president for sales and marketing. “In addition, the transmission helps optimize vehicle efficiency for owners by limiting wear and tear and helping to increase fuel efficiency.”

The new AGS transmission features a two-pedal, automated clutch actuation system that requires no clutching. A manual shift option is offered.

The transmission is available with Mercedes-Benz MBE900 engines with horsepower range from 170 to 250 hp. The AGS is offered in two torque ratings, 520 lb.-ft. for gross combined weight up to 40,000 pounds, and 660 lb.-ft. for GCW up to 60,000 pounds.

Both versions feature a right-side, high-output power take-off, which is mounted in a 5 o’clock position to avoid exhaust system interference.

The transmission control unit controls the automated clutch actuator, which provides a smoother engagement than a traditional clutch pedal. The TCU senses road conditions, load conditions and grades to precisely determine shift points, thus increasing efficiency.

Based on the Mercedes-Benz six-speed manual transmission, the lightweight AGS transmission utilizes an aluminum alloy housing with an integrated bell housing.

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NEW YORK -- A company that tows illegally parked cars from the Palisades Center mall in West Nyack has come under criticism for taking the license plates of vehicles until the towing fees are paid.

The company does not have a right to take the plates, an attorney for the state Department of Motor Vehicles said. An attorney for E&J Towing of New City said the company is allowed to do it.

Regardless of the legal debate, John Mott, the mall's general manager, said he asked the towing company to develop new procedures and that no other licenses plates be removed.

Assemblyman Alex Gromack, D-Congers, said he was contacted by John Cain, a member of the Clarkstown Planning Board, who said several people had complained to him about the practice.

"What was really riling them was that they took the plates off the cars," Cain said. "They didn't boot them or put them in secured areas. What gives them the right to take the plates off?"

Cain said he told Mott about the complaints this week during a Planning Board meeting on proposals to improve the mall's ring road.

"They have no more of a right to take the plates than they do to take the headlights off the car," Caine said.

Gromack said that cars without license plates could be targeted by thieves or vandals.

"Nobody is saying that the mall can't have the cars put in a holding area," Gromack said. "They're allowed to put these boots on so the cars can't be driven away. But you can't take the license plates off a car."

Department of Motor Vehicles spokeswoman Jennifer Morris said yesterday that there was no provision in the state's Vehicle and Traffic Law that allowed tow companies to confiscate license plates.

DMV associate counsel Ida Traschen wrote in a letter to Gromack on Thursday that the law "does not authorize a tow truck company to remove the license plates from a motor vehicle that is towed to a holding area."

Tracy said tow truck operators were entitled under motor vehicle and lien law to remove the license plates of vehicles they impounded. Traschen said that was pertinent only in cases of repossession.

There were 104 cars towed at the Palisades Center between January and yesterday, Mott said. Only five cars had been towed since June.

Mott said vehicles were towed only when town police ticketed them and public safety was jeopardized, such as when cars were left in fire lanes or blocked roadways.

Police and mall security referred people looking for their missing cars to the mall's security office, where the owners got the plates back after paying the towing fee. A security officer then drove them to their vehicles stored in the mall's commuter lot.

The towing fee was $100 during the day, or $135 on nights and weekends, said Sheldon Knapp of E&J Towing. He said it was for the convenience of shoppers to have vehicles towed to the commuter lot at the mall, rather than to another location.

Gromack said he felt that leaving cars without license plates in an unfenced mall lot invited theft or vandalism. Knapp said that could happen to cars whether or not they had license plates. He said the plates were removed so people couldn't just drive their cars away without paying for the tow.

Clarkstown Police Chief William Sherwood said he believed that cars were towed at the mall only after they were ticketed, but was uncertain whether an officer had to request the tow.

"I don't think they can take the plates now," Sherwood said, citing the opinion of the motor vehicles' attorney, "and they're going to have to come up with another solution." (James Walsh - The Journal News)

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Hyundai Truck America (HTA) is expected to announce that it is closing its commercial truck operations in Jamesburg, NJ, according to a report from WardsAuto.com.

HTA has only imported 20 trucks into the U.S. so far and delivered just three to customers, Wards reported. HTA was to offer HLD150 Class 4 light-duty and HMD230 and HMD260 Class 6 medium-duty trucks for P&D, nursery-landscape, towing-wrecker and food-service applications.

According to Wards, Hyundai will exit its truck business because Korean labor unions are demanding a 10-year work guarantee for a joint venture plant with DaimlerChrysler AG. With the future of that plant and those products unclear, Hyundai has decided to leave the market in the U.S., sources told Wards.

Hyundai had previously had a trucking presence here via a now-defunct agreement with Bering Truck Corp., which had established a commercial-vehicle assembly operation in Front Royal, VA. (Thanks Tim)

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NEW YORK -- A college road trip on the wrong day turned out to be a life-saver for an upstate New York woman.

Jennifer Martin was driving in Amsterdam early Saturday when she drifted into the oncoming lane and collided head-on with a tow truck.

Right behind her was a car with five Skidmore College students headed to an Ultimate Frisbee tournament in Rochester. They called police and pulled Martin out of her car just seconds before the vehicle was engulfed in flames.

The 19-year-old suffered a broken leg and internal injuries and is listed in fair condition at Albany Medical Center.

The driver of the tow truck, Lawrence E. Putman of Amsterdam, was treated and released for a leg injury at St. Mary's Hospital, a nurse supervisor said.

After the crash, the Skidmore students continued their trip to Rochester. Upon arrival, they found out they were a day early. The tournament wasn't until Sunday.

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KENTUCKY -- His badge and ID might have correctly listed him as Matthew Corder, but the night of Oct. 8, 2002, he preferred to be called “Mr. Prick,” at least according to one of his victims. Last week, a Jefferson County grand jury decided Corder would have to account for his actions, even if “Mr. Prick” did it.

Corder, 39, pleaded not guilty Sept. 12 to charges of tampering with a witness, wanton endangerment, unlawful imprisonment and official misconduct for striking a deal with a tow truck driver and repossession agent to set them free if they did not take his truck.

According to court documents, tow truck driver Kenneth Weeks and Shannon Johnson of Bluegrass Recovery, and Johnson’s boyfriend Brandon Cain, arrived at Corder’s home around 11 p.m. to repossess the policeman’s 1998 Lincoln Navigator. Corder was delinquent on payments and the bank was unable to get any commitment from him to get the loan back in good standing, court records said.

The simple matter of securing the truck turned more difficult, however, when Corder came out of his house with a gun and demanded the trio get on the ground.

“He said, ‘Get on the ground, get on the f***ing ground now!’” Weeks told an officer during a police interview. “I told him I’d like a police officer.”

Weeks soon found out it was a police officer pointing the gun. Corder then handcuffed him and seated him next to the tow truck, and Weeks said he asked Corder to call for another, uniformed police officer.

By the time two other city police cruisers arrived, a deal had been reached. Corder would let the three of them go if they left without repossessing his Lincoln. Johnson, the person responsible for repossessing the truck, agreed so Corder would take the handcuffs off Weeks and not arrest him for disorderly conduct.

Weeks, who was never charged with a crime, told police he thought Corder acted inappropriately.

“He didn’t hit me with a flashlight or anything, nothing like that,” Weeks said. “It was just the excessive pushing, making me bend over on the car when he wasn’t going to leave me there for just a second. … Just in general, it was the grabbing of the arms.”

Weeks also detailed how, when Corder was asked to identify himself, he acted rudely.

“Shannon (Johnson) said something about information, and he said, ‘You want my name? It’s Mr. Prick,’” Johnson said. “When he said that, I didn’t know if I heard him right or not, but Shannon told me, ‘Yeah, that’s what he said.’”

Corder, however, told Officer William Patterson, the first policeman to arrive at Corder’s house on High Pine Drive, that he came out of the house with his gun drawn because he thought the repo people were thieves.

By the time Patterson arrived, Weeks had been released from the handcuffs and the officer said he was not sure exactly what agreement Johnson and Corder had reached.

“I thought that it came up that ‘if you let my guy go, we’ll leave your truck,’” Patterson said during a police interview. “I did hear that said.”

Rob Chandler, Corder’s attorney, said his client is adamant about his innocence. He said he does not expect any plea deals.

“The middle ground would be for them to dismiss the charges and say they are sorry,” Chandler said of the Commonwealth Attorney’s Office.

Chandler said Corder was justified to react by coming outside with a gun.

“It was 11 o’clock at night, and they turned off the lights and engine of the tow truck and coasted down his driveway,” Chandler said. “What would you do if you looked out at 11 and saw someone hooking your car up to a tow truck?”

A pre-trial in the case is scheduled for Oct. 17.

As a result of the incident, Louisville Metro Police Chief Robert White fired Corder on May 23, though the investigation exonerated Corder on the excessive force charges. In a letter to Corder, White said trading his truck for Weeks’ freedom was “a blatant abuse of authority and a violation of numerous department rules.”

Corder has appealed his firing and will appear before the merit board Dec. 2 and 3. However, if he is convicted of a felony he cannot be reinstated.

Chandler questioned the timing of the indictment, nearly one year after the incident.

“It seems to me that after he starts fighting his termination, they want to indict,” he said. (Dug Begley - Snitch)

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Former Leaseline Financial CEO Alan G. Thomson has launched Lease Alliance LLC, a financial service company that will provide credit-risk customers financing for leasing or purchasing of commercial vehicles.

"While this may be a challenging time to launch a new finance company, we feel extremely confident about our future," Thompson said.

Thompson said Bloomfield Hills, MI-based Lease Alliance will specialize in "blemished credit" leasing for any type of specialty vehicle that is required to generate income for the business owner, such as tow trucks, dump trucks, bucket trucks, cranes and crane- trucks. For more information visit http://www.leasealliancellc.com.

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FLORIDA -- Miami based Blackstone Communications Group will offer prepaid towing cards in their electronic card vending terminals.

The terminals which print the cards when their purchased, are expected to hit stores in the next few months.

The company, which started 9 years ago selling phone cards, will now offer almost 100 prepaid products in their new, interactive, card vending terminals.

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United Road Services Inc. has struck a deal that wipes out much of its debt, but also puts essentially all of its stock into the hands of two New York City investment groups.

The holding company for automobile towing and transport firms said the agreement with Charter URS LLC and Blue Truck Acquisition LLC will strengthen its financial position and improve its ability to compete. United Road (OTC: URSI) earlier this year moved its headquarters from Colonie to suburban Detroit, but still has operations on Computer Drive West in Colonie.

According to a company statement and filings with the U.S. Securities and Exchange Commission, United Road took $106 million in debentures held by Charter URS and converted them into 25,000 shares of a new class of Series C preferred stock with a face value of $25 million. Charter is an affiliate of Charterhouse Equity Partners III LLC, the firm that has been a large shareholder in United Road since December 1998.

The deal also gives Charter the right to appoint a majority of the company's board of directors.

In the second part of the transaction, $27.5 million in preferred stock held by Blue Truck, and $4.5 million in dividends on that stock, were converted into a new class of Series B preferred stock. Blue Truck, an affiliate of New York City-based KPS Special Situations Fund, has held a controlling interest in United Road for the past three years.

Together, the Series C and Series B preferred shares are convertible into approximately 99.9 percent of the common stock in United Road.

Michael Wysocki, CEO of United Road, said in a statement that the key benefit of the deal is the removal of $106 million in debt from the company's balance sheet and the elimination of about $9 million in annual interest costs.

United Road also has amended its bank agreement to increase its access to credit. It expects to have the financing available to purchase $10 million in new equipment by the end of the year.

"For the last few years, a high level of debt taken on through many initial acquisitions has challenged our company," Wysocki said. "This transaction eliminates that negative financial stigma and provides us with a strong balance sheet and operational flexibility that will be a competitive advantage."

United Road was formed to consolidate, or "roll up," the automobile towing and transport market. It went public in April 1998 and used the money to go on a massive shopping spree. By its first annual meeting, it had acquired about 50 towing and transport firms nationwide. Then, both its earnings and stock price plunged. It ended 2002 with an accumulated deficit of nearly $139 million.

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NORTH CAROLINA -- A new Charlotte towing ordinance went into effect on Wednesday Sept. 10. that regulated many aspects of towing and booting from private property.

The ordinance caps nonconsensual towing rates for vehicles 9,000 lbs. or under at $120, and storage rates at $15 per day after the first 24 hours. It also requires qualifying signs to be posted before cars can be impounded.

The ordinance also states that if the owner of the vehicle returns prior to the tow truck leaving the lot, then the vehicle will be returned to the owner.

The towing service is also required to notify the Non-emergency Police Bureau of the Charlotte Mecklenburg Police Department at within 30 minutes of the removal of the vehicle from a private parking lot.

The ordinance caps the booting fee at $50, and requires a representative of the booting company to respond to the location within one hour after being contacted by the owner or driver of the car.

Violations of the Ordinance are Class 3 misdemeanors and are arrestable offenses.

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MISSOURI -- A company accused of illegally towing and selling cars and charging exorbitant rates has been banned for three years from towing vehicles without an owner's permission.

St. Louis County Senior Circuit Court Judge Robert L. Campbell issued an order this week against Denny's Towing of South County.

The judge also ordered the company to pay $8,000 in restitution to consumers, to be distributed by the state. Attorney General Jay Nixon had sued the company last year.

Company President William R. Gordon signed a consent decree in which he agreed the company will not:

• Charge more than posted rates for towing.

• Remove abandoned vehicles from private property without the property owner being present.

• Sell abandoned vehicles without getting a state title.

• Require vehicle owners to release the towing company from liability before an owner can inspect the vehicle.

• Blame the vehicle owner for damage caused by the towing company.

Gordon also agreed to notify owners of abandoned vehicles within five days that his company has their vehicle.

The court order applies to vehicles on both public and private property.

Nixon sued Gordon, his brother Wesley Gordon, and their business, Portlock Enterprises after complaints from consumers.

If the defendants violate the court order, they may be required to pay $10,000 to the state and $5,000 for each violation.

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KENTUCKY -- A towing company owner died Monday, September 8th, 2003, apparently of a self-inflicted gunshot, after wounding his estranged wife and another man at a Harrodsburg motel, according to Harrodsburg Police Detective Gary Bradshaw. The shootings were reported to police shortly after 12:30 p.m. EDT.

Scott Clark, owner of Flame's Wrecker Service of Lawrenceburg, KY, came to the Stone Manor Motel and entered a room where is estranged wife, Melissa Clark, was there with Tommy Hurst II. He then proceeded to shoot Mr. Hurst and his wife and himself, says Detective Bradshaw. Bradshaw was uncertain of the ages of the wounded man or woman.

Police Chief Ernie Kelty told press that Melissa Clark was flown to the University of KY Medical Center, where she was listed as in serious condition with three gunshot wounds. Hurst was treated and released for a single gunshot wound to his arm at James Haggin Memorial Hospital there in Harrodsburg.

Funeral services were conducted today, Thursday, with a procession of tow trucks escorting the family procession to the grave site. (AP) (Thanks Scott)

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MASSACHUSETTS -- A day after opening arguments began, AAA settled a lawsuit with the family of a woman who was murdered after she accepted a ride with a stranger instead of waiting hours for a tow truck driver, both parties said.

Terms of the settlement were not disclosed by AAA, AAA Southern New England and the family of Melissa Gosule. The suit claimed Gosule died because the auto club did not provide the kind of emergency service it promises members. Tow truck driver John Cubellis, a defendant in the lawsuit, was also was a party to the settlement, said Harry King, a AAA spokesman.

``All parties involved in this lawsuit over the course of the past three years agree that Melissa Gosule's death was a tragic event. But reliving this tragedy in a lengthy and expensive court proceeding is not in anyone's interest,'' the parties said in a joint statement Wednesday.

The 27-year-old elementary school teacher was raped and stabbed to death on July 11, 1999 by motorist Michael Gentile after Cubellis told her to wait with her disabled car and she accepted a ride from a stranger.

Michael Paris, an attorney for Gosule's family, had indicated he would put on trial AAA's reputation and its promise to bring peace of mind to motorists in trouble.

The defendants' lawyers said they would focus on Gosule's actions that evening, and when and how she came to accept a ride from a stranger instead of seeking another way to reach her family's house 40 miles away.

The case was watched closely because it is the first time AAA has been sued in the death of a motorist who was killed after seeking assistance from the auto club, legal experts said. (Robert O'Neill - Associated Press)

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COLORADO -- Blue Sun Biodiesel has announced it will be the supplier for the first retail biodiesel pump in Colorado. The company's product will begin flowing from pumps at Bartkus Oil in Boulder on Friday.

"The growing market for biodiesel will have a positive effect on our regional economy, our health and climate," said Blue Sun president & CEO Jeff Probst. "It will also reduce our dependence on foreign oil."

Blue Sun said its biodiesel is a renewable fuel produced from vegetable oil, offering advantages over petroleum diesel in reduced emissions of particulates, greenhouse gases, carcinogens, sulfur dioxide, carbon monoxide and hydrocarbons.

According to Blue Sun, its biodiesel is similar to petroleum diesel in engine performance characteristics, but has superior lubricating properties, reducing engine wear and maintenance.

Biodiesel is most often mixed with petroleum diesel in a 20/80 ratio, and can be used in existing diesel engines without modification. (Thanks Allen)

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After two weeks above $1.50, the average price for a gallon of diesel fell 1.3 cents to $1.488 for the week ending Sept. 8.

The decline signifies the end of the busy summer driving schedule, but diesel prices are 6.5 cents above where they started the season and 9.3 cents higher than last September’s prices. 

Fuel analysts with the Department of Energy suggest further declines will depend on how early winter arrives. Some oil turned into diesel during the summer is traditionally diverted to the heating oil market as winter arrives. Since both fuels are derived from the same stock, a dramatic increase in demand for heating oil could drive up the price of diesel substantially.

Diesel prices fell across the board, dropping below $1.70 in California again. Tow operators there paid the most, $1.692 a gallon, while towers in the lower Atlantic region saw prices dip 1.5 cents to $1.417, the lowest regional retail price in the United States.

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SOUTH CAROLINA -- A woman charged in a deadly 1997 hit and run accident plead guilty in a Richland County courtroom on Monday. Jane Branham of Greenville plead guilty to leaving the scene of an accident involving a death.

Investigators say Branham killed 29-year-old tow truck driver Wayne Williams on January 8th, 1997, as he was helping a motorist along a stretch of Interstate 20 near Pontiac in Richland County.

Branham was given a ten-year sentence suspended to five years probation. She must also pay a $10,000 fine to Williams' family and serve 500 hours of community service. The charge carries a maximum sentence of 25 years in prison. A charge of reckless homicide against Branham was dropped.

Branham, addressing the court, apologized to Williams' family, "And, to the family, I just want to say I'm sorry for all the pain and grief."

Following a WIS News 10 profile of the case in 2003, a viewer's tip led to the arrest of Jane Branham, of Greenville. In 2002 SC Highway Patrol Lance Corporal Kelley Hughes said they have pieces of the '96 green Honda Civic that say hit Williams matched Branham's vehicle, "There's no doubt in our minds that it was her car and that she was driving the car at the time of the collision."

Williams' mother, Maxine Cooper, said, "He's the first thing I think about in the morning, and the last thing I think about at night."

Williams was engaged to be married when he was killed. Troopers say the yellow emergency lights of the wrecker were working and Wayne was wearing a reflective jacket at the time. He was standing three to four feet from the roadway, working the controls of the wrecker when it happened. (Wis News 10)

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MASSACHUSETTS -- In the summer of 1999, AAA got a call about a young woman whose car had broken down in a parking lot on Cape Cod. The auto club told the woman's stepfather it would send help.

Melissa Gosule never made it home that night.

Her body was found in a shallow grave eight days later. She had been raped and stabbed to death.

Gosule's family sued AAA for unspecified damages, claiming that if the auto club had done its job that night, she would be alive today. Jury selection began Monday in state court in the negligence and wrongful-death case.

The case is being watched closely because it is the first time AAA has been sued in the death of a motorist who was killed after seeking assistance from the auto club, legal experts said.

Every year, the American Automobile Association, with a membership of more than 46 million in the United States and Canada, gets about 30 million calls from motorists who need help with dead batteries, flat tires and other roadside problems.

In their lawsuit, Gosule's parents, Leslie Gosule and Sandra Glaser, and her stepfather, Peter Glaser, claim AAA left Gosule stranded and forced to turn to a stranger for help. That stranger, Michael Gentile, killed her.

"AAA is not who they say they are," Leslie Gosule said recently in a statement. "Had AAA done what they tell the world they do and what they said they were going to do - provide reliable and reasonable emergency roadside assistance that night - Melissa would still be with us."

Gosule's parents note that AAA, in its marketing materials, touts the peace of mind it provides to motorists in trouble. "One call to AAA and your worries are over," reads one brochure. AAA also refers to itself as "family" and warns against depending on strangers: "In today's world, relying on strangers has become a scary (and sometimes dangerous) thing to do."

The lawsuit names national AAA; its local affiliate, AAA Southern New England; and the tow truck driver.

AAA disputes the family's claims that it did not offer Gosule help, and says it should not be held responsible for her death. Gentile, a newspaper delivery man with a long criminal record, was convicted of her murder and is now serving a life sentence.

On July 11, 1999, Gosule, a 27-year-old elementary school teacher, had returned at 5:30 p.m. from a bike ride at a park in Bourne to find that her 1986 Pontiac would not start.

It was about that time that she met Gentile, according to testimony during Gentile's trial in 2000.

Gosule used Gentile's cell phone to call her mother and stepfather, who told her he would call AAA for help. Gosule was not a member of AAA, but her stepfather was, and it is routine for the auto club to help out relatives of AAA members.

In their lawsuit, Gosule's family says her stepfather immediately called the AAA's 24-hour emergency roadside assistance number and asked that the car and Gosule be taken to a garage in Boston. John Cubellis, a tow truck driver whose company is an agent for AAA, arrived at the parking lot about 90 minutes later.

According to both sides, Cubellis told Gosule he was busy and it would be three to four hours before he could take her or her car to Boston, about 60 miles away. The Gosule family says Cubellis did not try to start the young woman's car, make sure she was taken to a safe location or call another AAA driver to help.

Gosule then accepted a ride from Gentile.

In court papers, AAA says Cubellis had no reason to believe Gosule was in danger. She was in a busy parking lot at the Sagamore Rotary with restaurants, a gas station and a fire station nearby. When he pulled into the parking lot, he saw Gosule talking and sharing a cell phone with two men - Gentile and a mechanic friend Gentile had called to look at the woman's car.

AAA says Gosule could have taken a taxi or had a family member come pick her up.

In a statement, a spokesman for AAA Southern New England called Gosule's death a "terrible tragedy."

"Our hearts go out to Melissa Gosule's family and friends," said Robert Murray. "In our history, we have never seen a case like this. We believe the auto club will be properly and completely exonerated."

Paul Martinek, editor in chief of Lawyers Weekly USA, a national legal newspaper, said the lawsuit was initially considered a long shot, but some of the claims could resonate with a jury.

"Proving that this was a foreseeable danger is a huge challenge - that AAA could have foreseen that a motorist would have accepted a ride from a total stranger and then be killed by that total stranger," Martinek said.

"But when you read these things about how AAA holds itself out as a protector of motorists and basically tries to get business by representing itself as a service that motorists need in part because it can be dangerous when your car breaks down, you start to see the lawsuit in a different light." (Thanks Tracy)

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Westport Innovations Inc. today announced the arrival from Japan and public display in Vancouver of the prototype Isuzu/Westport compressed natural gas (CNG), direct injection (DI) light- to medium-duty truck.

The 4.5-liter ELF CNG-DI is the world's first direct-injection, monofuel, diesel-cycle compressed natural gas truck. More than 100,000 N-series (light- and medium-duty) trucks are produced annually in Japan, 25,000 of which are sold annually in North America under Isuzu and GM brands. The N-series, known as the ELF in Japan, are used for local delivery, food service, towing, light construction, and other business applications.

A joint Westport & Isuzu team of more than thirty people contributed to the prototype CNG-DI truck over four months in Japan, completing and testing the vehicle before it was presented to Isuzu management and Japanese government officials in July. A team from Westport and Isuzu America received the truck in Tacoma, Washington on August 29, after marine transport from Japan.

Coinciding with Westport's AGM, the truck will be displayed today, September 3, from 1:00 PM to 4:00 PM at the Morris J. Wosk Centre for Dialogue, 580 West Hastings Street, Vancouver. Come meet the Westport team involved, who will be available to answer questions.

"We are enthusiastic about the arrival of the Isuzu/Westport ELF to Westport headquarters," said Michael Gallagher, Westport's Chief Operating Officer. "This is an excellent opportunity to showcase the results of our three-year joint technology effort both here in Vancouver and at the international Michelin Challenge Bibendum competition in California."

The ELF CNG-DI will be fine-tuned at Westport headquarters in preparation for the competition later this month. Representatives from Isuzu Japan, Isuzu America, General Motors Isuzu Commercial Truck (GMICT) and Westport are collaborating on the event September 23 to 25 in Sonoma, California (www.challengebibendum.com).

Westport Innovations Inc. is the leading developer of gaseous fuel engine technologies. It develops, manufacturers and sells a wide range of engines for commercial transportation applications such as trucks and buses through Cummins Westport Inc., its joint venture with Cummins Inc. Technology development alliances are in place with a number of other leading engine manufacturers, including Ford, MAN, Isuzu, and BMW.

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CALIFORNIA -- A planned increase in fees to tow abandoned and inoperative vehicles from city streets was delayed Tuesday evening when City Council members learned that the contract with the towing company has expired and the owner plans to raise the fee he charges per vehicle.

City staff presented a recommendation to raise vehicle abatement fees from $41 to $192 per vehicle. The $41 fee has remained unchanged since September 1991, when towing companies removed abandoned vehicles without charge, earning money from the sale of parts and scrap metal.

"This program has been losing money and it continues to operate at a loss," said Seth Bean, of the city's finance department. "Last year, this program lost $68,000."

"Towing companies started charging the city $65 per vehicle in December 2001, Bean said. "If approved, the program will still run at a loss. We can't raise rates to point where we're trying to make money. Even if we got 100 percent of what we bill, we would still be running at a slight loss."

However, Council member Will Schuyler said the city's contract with Perry's Auto Wrecking was due to expire soon and questioned approving the recommended fee increase without knowing if the company would seek a higher fee.

Alfred Perry, owner of the towing company, told Council members his contract has expired and he will seek to renegotiate it with the city.

"I'm going to have to increase my rate from $65. No way can we tow these big motor homes for $65." Perry said he towed three motor homes last week alone. "There were people from Santa Barbara living in them because it's cheaper to live here."

City staff were unaware that the contract with Perry's was up for renewal and Gary Keefe, city administrator, suggested the proposal be withdrawn and brought back to the Council later.

"Looks like we have a little homework to do," quipped Mayor Dick DeWees. (Carol Benham - Lompoc Record)

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FLORIDA -- Two Broward County towing companies have lost their appeal in a case revolving around the county's authority to regulate nonconsensual towing rates.

Hal's Towing of Hollywood and All Points towing of Fort Lauderdale filed an appeal against the October 2002 decision of Judge W. Herbert Moriarty, which ruled that the county does have the right to regulate nonconsensual towing rates. Judge Moriarty also issued a temporary injunction against the companies that forced them to adhere to the county's $100 nonconsensual rate cap.

On August 20th, the 4th District Court of Appeals in West Palm Beach upheld Judge Moriarty's October 2002 ruling and agreed that the county does have the authority to limit nonconsensual towing fees.

According to court records, the companies have not yet filed an appeal of this latest decision to the Florida Supreme Court.

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OHIO -- One person is dead and two others are hurt after a head-on crash Thursday morning in Union Township, Clinton County.

Ohio State Highway Patrol said a tow truck with a car in tow crashed head-on into a pickup truck just after 4 a.m. on U.S. 68 near Wilmington, about two miles east of I-71.

The driver of the pickup truck was killed instantly.

Crews took the tow truck driver to Miami Valley Hospital with critical injuries. His passenger is also hospitalized with less serious injuries.

U.S. 68 was shut down for about six hours while crews cleaned up the wreckage. (WCPO.com)

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NEW YORK -- A Modena tow truck driver trying to hook a disabled trailer to his tow truck on the New York State Thruway was killed Wednesday night when he was hit by a passing tractor-trailer, police said.

Kyle B. Parker, 21, a tow truck operator working for Sonny's Garage in Modena, was struck at 11:39 p.m. while he tried to connect the trailer to his flatbed tow truck. The truck was parked on the right-hand shoulder of the northbound lane of the Thruway, just north of the New Paltz exit.

A tractor-trailer operated by Jorge A. Cruz, 45, of Woburn, Mass., was headed northbound close to the white "fog line" when the right front of his vehicle struck Parker, killing him instantly, police said. Parker was declared dead at the scene.

The right side view mirror of Cruz's vehicle struck the left side view mirror of Parker's tow truck. Cruz stopped and pulled over onto the right shoulder of the Thruway, police said.

Cruz was not charged. Drugs or alcohol are not suspected as contributing to the accident, said state police Sgt. Charles Stumpf.

One lane of traffic was closed while police cleared the scene.

Frances Wager, whose husband, Lester "Sonny" Wager, owns the garage where Parker worked, said Parker was the type of person who got along with everyone he met.

"Everybody liked him," she said. "And he just loved to tow."

Wager said Parker had worked for Sonny's Garage full-time for two years as a mechanic, but preferred to be out towing.

"Many different people told us he finally found a job he liked," she said. "You could call him in the middle of the night and he would be ready to go anyplace, Brooklyn or Albany."

Parker, who lived down the road from the garage and had just bought a used boat, was a dedicated employee who was always willing to lend a hand to someone in need, Wager said.

"He was always working on somebody's car, his friends and relatives, at his house," she said. "He would do anything for anybody."

Sonny's Garage was closed Friday. Police said the investigation into the accident is continuing. (Hallie Arnold and Ariel Zangla - Daily Freeman)

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Although still above $1.50, diesel prices finally turned around and declined for the week ending Sept. 1, despite high traffic volume for the Labor Day weekend.

The decline of 0.2 cents to $1.501 marks the first fall in prices since July. Prices have increased more than 6 cents in the last two months. Higher crude and gasoline prices have spurred diesel upward, but analysts say the end of the summer driving season should help cool prices off.

The diesel price is still 11.3 cents higher than the same week last year and remains more than a quarter less than the year’s highest average.

Truckers on the West Coast and in California experienced declines of as much as 2.6 cents, but still paid above $1.68 and $1.73, respectively. Meanwhile, drivers in the Lower Atlantic states and along the Gulf Coast paid the least, averaging $1.43 to $1.44.

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