Crow Tow of Des Moines settles lawsuit over alleged negligent practices

Lina PortmanMay 31, 2024

1 5 minutes read

A 50-year-old woman seriously injured in a November 2022 crash at a Crow Tow impound in Des Moines has reached a confidential settlement in a civil negligence case after mediation involving the county's insurance companies. 'business.

Melissa Quiroz of Des Moines, whose car was towed from her apartment complex, was injured when an angry woman who did not have the money to retrieve her towed car from the parking lot tried to force her past through a closed door, according to court documents.

Also from Watchdog:Des Moines scammer who used dating sites to prey on single women faces up to 15 years

The incident occurred after a confrontation at the Crow Tow business office at 826 SE 21.^st St. The lawsuit said Anjlena Achwiel ran to her car, drove it around an impound lot, through an auction lot, crashed into an interior fence and drove around a truck that an employee had parked in front of the office to block her. After honking the horn and saying “move” toward Quiroz, Achwiel walked through a door that an employee had closed to prevent him from fleeing, according to the suit. The door seriously injured Quiroz when it opened, according to court records.

Lawsuit Alleges Predatory Towing Practices Fuel Customer Anger

The civil case, which was scheduled to go to trial next week, raised questions about whether Crow Tow's controversial business practices and lack of training and safety protocols for its employees contributed to a dangerous situation that led to the injuries that changed Quiroz's life. .

In the civil suit, Quiroz's attorney alleged that Crow Tow had a “habit, routine, custom, practice and/or reputation for treating his clients in a rude and confrontational manner”; that police had warned before the accident that Crow Tow employees needed de-escalation training; and that the company failed to provide workplace safety training to its employees.

The lawsuit also alleged that Crow Tow engaged in predatory towing practices and paid $30 bonuses to drivers on top of their base pay for non-consensual tows, such as those of cars parked without permission. on private land. He said customers were regularly angry and threatened violence.

Crow Tow owner Randy Crow declined to comment Thursday on the lawsuit or settlement. He had previously denied the accusations.

Dan Ketcham, an attorney for Crow Tow in Omaha, Nebraska, did not respond to an email asking whether the company had changed any of its policies or practices since the lawsuit.

Jeff Goodman, an attorney for Quiroz in Des Moines, said he could not comment on the settlement.

Mayor says she will look into Crow Tow complaints

In a May 10 Watchdog column, several Des Moines residents accused Crow Tow of predatory towing practices that led to confrontations, which Crow denied. Watchdog found that between May 1, 2023 and May 1 of this year, Des Moines police were called to Crow Tow's office and grounds 111 times.

Crow Tow impounds cars for the Des Moines Police Department. Some Des Moines City Council members said they think the city may need an ordinance or position on towing practices as complaints against Crow Tow continue and parking becomes more plus a problem in the growing metro.

Des Moines Mayor Connie Boesen said she would look into the complaints further in the coming weeks.

More:Des Moines leaders, some of whom receive political donations, are divided over Crow Tow practices

In the Iowa Legislature, state Rep. Heather Matson, a Democrat from Ankeny, said she plans to reintroduce a consumer protection bill related to towing next year, similar to those emerging in other states. The measure, which had bipartisan sponsors this year, would, among other provisions, ban the frequent sweeping of private land.

Matson told Watchdog she learned that Iowa has many good towing companies, but also some of the least protections in the country for consumers whose vehicles are towed.

New allegations arise about Crow Tow

After the May 10 column, Watchdog received about two dozen complaints about Crow Tow in emails and phone calls, and no positive remarks about the company.

Many people whose vehicles were towed complained that the fees the company charged were exorbitant and said its demand for cash on site to retrieve a vehicle or to drop it off a tow truck was unreasonable. Some vehicles subject to the complaint were sold at auction without notification to the owner or lien holder, or sold at low prices to company employees. Others reported being forced to sign documents stating they were receiving their vehicles in the same condition as before the towing, even though they were not allowed to see their vehicles first.

The Iowa Attorney General's Office, the Polk County Attorney's Office and the Iowa Department of Transportation have also received complaints, although towing regulations are usually decided at the city or city level. County. Some of these complaints concerned clashes that turned violent.

In a case that resulted in charges from both sides, Jessica McNiel, 45, filed a complaint with the attorney general claiming she and her partner were both injured during a 2022 confrontation with two drivers of Crow Tow at 2617 Ingersoll Ave. video.

Also from Watchdog:Investor suing embattled Johnston real estate developer Daniel Pettit now also targets real estate CEO

McNiel said in the complaint that the altercation with the drivers took place after she and her partner parked in a parking lot adjacent to the Dollar General and Office Max stores. She said two Crow Tow drivers sped into the parking lot while not in the vehicle. It was dark, she said, and they didn't see the Crow Tow signage. A verbal altercation ensued, she said, and her partner complained the drivers' behavior was out of control.

She alleged that one of the Crow Tow drivers turned off his body camera, fought with her and her partner and pepper-sprayed them. She said her partner briefly pulled out a pocket knife to warn drivers to stay back while she called 911. After calling 911, she said, one of the drivers hit his partner so strong that he suffered a fractured eye socket. Her partner also required stitches to his forehead and surgery for his eye injury, and she suffered a concussion, according to the complaint.

Court records show tow truck driver David Carl Adams was charged with willful injury in the case, but the charge was dismissed last year. Adams could not be reached for comment.

McNiel was charged with assault causing bodily injury or mental illness, the arresting officer wrote in the complaint against her that the body camera video and victim statements made it clear that McNiel had launched the attack. The officer said the victim fought back “at the time of the attack and it's unclear what happened next.”

The outcome of the case is not available in public records.

Lynn Hicks, chief of staff for the Polk County District Attorney's Office, said he referred the complaints to the city of Des Moines and the Iowa Attorney General's Office, which enforces state laws on consumer protection.

“We are aware of numerous complaints and concerns regarding Crow Tow, and some of these complaints have led the Polk County Board of Supervisors to terminate its contract with the company,” he wrote to one complainant who also wrote to Watchdog. “Our office would be happy to work with Rep. Matson or others to strengthen Iowa’s laws regarding towing companies.”

Officials with the Iowa Attorney General's Office did not respond to Watchdog's questions about whether they had taken action on about a dozen complaints received about Crow Tow since 2022.

This article has been updated to add that Jessica McNiel has been charged in the case involving a confrontation with Crow Tow drivers.

Lee Rood's Reader's Watchdog column helps Iowans get answers and accountability from public officials, the justice system, businesses and nonprofits. Contact her at [email protected], at 515-284-8549, on Twitter at @leerood or on Facebook at Facebook.com/readerswatchdog.

Lina Portman

Related Articles

14 people plead guilty in South Carolina's Las Señoritas trafficking case

Florida mother stabbed 100 times, body of 2-year-old baby found in lake in brutal homicide

Trump's gun license will be revoked after conviction, media reports | Donald Trump

An actor accused of attempted murder. A makeup artist was stabbed