Motion to Dismiss for a metal recycling and scrap yard

MELODY JOLLY (WILM) won a Motion to Dismiss and obtained a full dismissal with prejudice of a negligence and negligence per se action seeking compensatory and punitive damages from her client, a metal recycling and scrap yard, in connection with their handling of Plaintiff’s vehicle.  Plaintiff’s vehicle was stolen from his home by an unidentified criminal, sold to the scrap yard by the unidentified criminal and damaged when the scrap yard subsequently picked up the vehicle for scrapping. Plaintiff claimed that the scrap yard was negligent in failing to verify the identity of the seller of the vehicle.  MS. JOLLY successfully argued in her motion that the statute cited in support of Plaintiff’s claim of negligence per se is not a public safety statute and therefore did not support a claim of negligence per se, the Plaintiff’s allegations of negligence failed to state a claim, and the claim for punitive damages was inappropriate and unwarranted.