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Snowder v. District of Columbia

The D.C. Court of Appeals affirmed in part a judgment issued by the D.C. Superior Court in a case in which the plaintiff attempted to bring a class action against the District of Columbia and certain towing companies for breach of bailment, conversion, civil conspiracy, unjust enrichment, and violations of the D.C. Consumer Protection Procedures Act. The suit sought to recover damages on behalf of people who were charged substantial fees for towing and storage services that were imposed without adequate notice or consent. The trial court denied class certification and ultimately entered summary judgment in favor of the defendants on all claims. The appeals court affirmed the denial of class certification, as well as the dismissal of all claims against the District. Regarding the towing companies, the appeals court affirmed the trial court's dismissal of plaintiffs' breach of bailment claim. But finding that the trial court did not discuss or decide the plaintiffs' other common law claims, the appeals court remanded the case to the trial court for consideration of those claims.

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Argued December 13, 2007

Before WASHINGTON, Chief Judge, and FISHER and THOMPSON, Associate Judges.

Appellants Robert Snowder, Nadine Garrick, Lawanda Harris, Ronald Kennedy, Verna Montague, and Felicia Moore appeal from a judgment in favor of appellees the District of Columbia and towing companies Perry’s Towing and Storage, Inc., R&R Towing, Farco Towing, and Towing by TRP (collectively, “towing companies”). Appellants attempted to bring a class action lawsuit against the District and the towing companies under numerous theories — breach of bailment, conversion, civil conspiracy, unjust enrichment, and violations of the District of Columbia Consumer Protection Procedures Act (“CPPA”) — seeking to recover damages on behalf of people who were charged substantial fees for towing and storage services that were imposed without adequate notice or consent. The trial court denied class certification and ultimately entered summary judgment on all claims. We affirm the trial court’s denial of class certification as well as the dismissal of all claims against the District of Columbia. Regarding the towing companies, we affirm the court’s dismissal of appellants’ breach of bailment claim; however, because the trial court did not discuss or decide appellants’ other common law claims, we must remand the case to the trial court for consideration of those claims.

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