260 N.E.3d 309
Mass.2025Background
- Following a fatal car crash involving Liberty’s insured, police instructed Tody’s Service, Inc. (Tody’s) to tow and hold the insured’s vehicle for evidentiary purposes during a criminal investigation.
- The vehicle remained in Tody’s possession, under police hold, for nearly three years (2016-2019), during which Liberty paid Tody’s only for initial towing services, not storage.
- Liberty ultimately took title to the vehicle but did not take physical possession until the police released it in 2019.
- After police released it, Tody’s billed Liberty $118,290 for storage (over 1,000 days), which Liberty refused to pay, offering only the vehicle’s salvage value/title instead.
- Tody’s sued Liberty in Superior Court seeking storage fees based on unjust enrichment, promissory estoppel, and statute; summary judgment was granted to Liberty.
- On direct appellate review, the Supreme Judicial Court considered whether Liberty was liable for storage fees under any asserted theory.
Issues
| Issue | Plaintiff’s Argument | Defendant’s Argument | Held |
|---|---|---|---|
| Unjust enrichment | Liberty benefited by having evidence preserved for defense | No measurable benefit; Liberty didn't use vehicle | Liberty not unjustly enriched |
| Promissory estoppel | Liberty’s appraiser implied a promise to pay storage | No reliance; Tody’s acted on police directive | No reliance; promissory estoppel not established |
| Private right under §6B | Statute permits Tody’s to sue for unpaid storage fees | Statutory remedy is only a storage lien/sale right | No private right of action; claim dismissed |
| Fair value limitation | Storage fees recoverable beyond vehicle’s fair market value | Not germane/waived due to other claim failures | Did not reach/need to address |
Key Cases Cited
- Columbia Plaza Assocs. v. Northeastern Univ., 493 Mass. 570 (2024) (sets elements for unjust enrichment and promissory estoppel)
- Salamon v. Terra, 394 Mass. 857 (1985) (differentiates quasi-contract theories and unjust enrichment)
- Dines v. Liberty Mut. Ins. Co., 28 Mass. App. Ct. 195 (1990) (establishes market value limits on recovery for involuntarily towed vehicles)
- Hill-Junious v. UTP Realty, LLC, 492 Mass. 667 (2023) (summary judgment standard)