Attorney Files Lawsuit Against Towing Company

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UPDATED: Thursday May 15, 2014 5:30 PM

A Columbus lawyer has filed a lawsuit demanding that a local tow truck company pay more than $600,000.

The lawsuit involves a $349 tow that took place last summer.

Attorney Michael Bivens says that A/T Towing and Recovery improperly towed him. He also claims that when he complained, the company maliciously charged him more than the $102 that Ohio law permits.

Last summer, 10 Investigates confronted owner Herman Dague about the charge.

Dague said that he was entitled to recover more money because Biven's protests cost him two hours in time.

"It's not fair for me to be judge and jury of what he should have to pay, no," Dague said at the time. " Is it fair for him to keep my driver at bay standing in front of the truck, not letting him leave. I mean is that fair?"

Dague said the entire issue could have been avoided if Bivens would have simply paid $50 for the tow truck operator to drop his vehicle. He also said that plans to defend himself against the lawsuit.

Dague might file a counter-suit, he said.

Biven's attorney, Charles Ellis, said that Dague and his company acted "maliciously" when it overcharged Bivens. That is the reason he is asking for $500,000 in punitive damages.

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