Jermall Harvey says he had permission to park in the CVS lot at 1200 North Ashland Avenue in Chicago’s Wicker Park on Oct. 12, 2022, and ran out to stop Lincoln Towing from hauling away his car. In October, a Cook County jury awarded him $2.85 million, nearly two-thirds of it punitive damages, CWBChicago reported on Oct. 30.
According to Harvey’s lawsuit, as CWBChicago summarized it, the truck driver accelerated and Harvey jumped onto the hood as the truck entered Wicker Park traffic. Harvey alleges the truck’s passenger pointed a gun at his head and ordered him off. He stayed on the hood for more than a minute down Division Street before falling away, and Lincoln Towing left with his car, CWBChicago reported.
NBC 5 reported in 2023 that Harvey rolled away uninjured, that he had already called 911 and that Chicago police stopped the truck. The passenger told police Harvey was reaching for his waistband and that he feared for his life, NBC 5 reported. Police found no firearm on Harvey. Lincoln Towing did not respond to NBC 5’s requests for comment, and CWBChicago’s verdict story carried no statement from the company.
What Illinois law says about a tow in progress
NBC 5 reported that under Illinois law a tow must stop and the vehicle must be unhooked if the owner shows up before the tow is complete. Section 18a-300 of the Illinois Vehicle Code, which covers towing from private lots, lists removing a vehicle while its owner is present and able to take it immediately among the practices a towing company may not engage in. It also bars charges outside the rates set by the Illinois Commerce Commission and requires refunds of amounts above them…