SAVANNAH, Ga. (CN) - A man seeks punitive damages from a towing company that wouldn't let him retrieve his mother's ashes from the trunk of his car and then auctioned off the car with her ashes in it.
Robert Scott sued Sapp's Wrecker Service, of suburban Garden City, and three members of the Sapp family, in Chatham County Court.
Scott says Garden City police stopped a woman for driving his car without a valid tag in December 2009. He says a co-worker had removed the tag without his knowledge, and without the knowledge of the driver, who was arrested. Police impounded the car and called Sapp's to tow it.
Scott tried to recover his car, but did not have the $165 to cover the towing and impound fees, he says.
He says the Sapps refused to let him retrieve personal items from his car even when he told them they included his mother's ashes.
"The owners refused, even after plaintiff advised defendants that plaintiff's mother's ashes were in a paint can in the trunk of the vehicle," the complaint states.
After saving up the $165, Scott says, he returned to the wreckers, but two Sapps - defendants Darryl and Stacy - still refused to let him recover his mother's ashes.
"Plaintiff returned to Sapp's Wrecker Service in November 2010, but was advised by the defendants they had auctioned the vehicle with his personal possessions and property, including his mother's ashes, in the vehicle," the complaint states.
Scott seeks punitive damages for conversion and intentional infliction of emotional distress. The lead defendant is William C. Sapp Jr.
Scott is represented by Victor Hawk of Millen, Ga.
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