Pelkey v. DAN'S CITY USED CARS, INC.
44 A.3d 480
N.H.2012Background
- Pelkey sued Dan's City Used Cars and Colonial Village in March 2009 over the towing of his 2004 Honda Civic during a snowstorm.
- Pelkey, bedridden for a serious medical condition, did not know his car had been towed and later suffered a heart attack after hospital procedures.
- Defendant allegedly told Pelkey’s counsel that the car had been sold, then traded the vehicle to a third party without paying Pelkey.
- Plaintiff asserted claims under the Consumer Protection Act (RSA 358-A:2), RSA 262 chapters on liens and sale of towed vehicles, and common law bailee duties.
- The Superior Court granted partial summary judgment on preemption grounds under the federal FAA Authorization Act of 1994 (FAAAA), 49 U.S.C. § 14501(c)(1); Pelkey appeals seeking to avoid preemption and allow state-law claims to proceed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 14501(c)(1) preempts Pelkey’s claims. | Pelkey’s claims relate to disposal of the towed vehicle, not to transportation. | All claims pertain to towing services and are preempted under § 14501(c)(1). | Not preempted; state claims survive the preemption analysis. |
| Whether RSA 262 remedies and related tort/CPA claims relate to transportation to trigger preemption. | Claims arise from lien sale and disposal, not transportation. | Claims are connected to the motor carrier’s service and thus preempted. | Not preempted; disposal-related state laws and tort/CPA claims are not sufficiently tied to transportation to be preempted. |
Key Cases Cited
- Morales v. Trans World Airlines, Inc., 504 U.S. 374 (1992) (preemption scope under ADA (broadened "related to" standard))
- Rowe v. New Hampshire Motor Transp. Ass'n, 552 U.S. 364 (2008) (preemption applies to price/route/service of motor carriers; emphasis on market forces)
- Ours Garage & Wrecker Service, Inc. v. City of North Blvd., 536 U.S. 424 (2002) (preemption scope for motor carriers; context of property transport and storage)
- Medtronic, Inc. v. Lohr, 518 U.S. 470 (1996) (presumption against preemption; Congress’s intent governs preemption scope)
- Silkwood v. Kerr-McGee Corp., 464 U.S. 238 (1984) (absence of federal remedy as evidence of intended scope of preemption)
- Charas v. Trans World Airlines, Inc., 160 F.3d 1259 (9th Cir. 1998) (personal injury/tort claims not preempted when sufficiently tangential to service)