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tow truck let truck roll into car

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tow truck droped off a 4X4 truck in our parking lot.
after he left th 4x4 rolled into another car.
the transfer case was not put into gear so the truck never had park. the driver of the tow truck said he never touched the transfer case lever. that it was that way when he picked it up and is not resposible for the truck rolling into parked car. we feel it is his the tow truck drivers responsabilty to make sure that the truck wouldn't move after he unloaded it. this happened in IL.

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