Summary
In Nellsch v. Westland Ford, Utah, 646 P.2d 736 (1982), we held that the owner of a licensed car, manufactured for use on the highways was not liable to a third party for damage caused by a thief who stole it with the keys in the ignition, while it was parked in a used-car lot.
Summary of this case from Union Pacific Railroad Co. v. Ideal Basic IndusOpinion
No. 18017.
May 11, 1982.
Appeal from the Second District Court, Davis County, J. Duffy Palmer, J.
Felshaw King, Clearfield, for plaintiff and appellant.
Aaron Alma Nelson, Salt Lake City, for defendant and respondent.
The plaintiff sued the defendant for damages to her car allegedly caused when the latter negligently left the keys in a car placed on its used-car lot. Unknown persons stole defendant's car, ran it into the plaintiff's vehicle and then fled the scene of the accident.
Based on the facts above which plaintiff substantially alleged in her complaint, the trial court granted defendant's motion to dismiss. From that judgment, this appeal was taken.
The generally accepted authorities deny recovery under such circumstances. One having a lawful right to the possession of property, such as an automobile, although negligent in leaving the keys therein, has no duty to respond in damages caused by a thief who takes it and runs into a third party's vehicle. In all but the most unusual circumstances, there is no proximate cause between the negligence of the one having such right to possession and that of a thief whose negligent driving is an independent, intervening cause of the damage.
Restatement of Torts 2d, Sec. 302(b), comment (a); 45 A.L.R.3d 787, 811; Shafer v. Monte Mansfield Motors, 91 Ariz. 331, 372 P.2d 333 (1962).
Hillyard v. Utah By-Products Company, 1 Utah 2d 143, 263 P.2d 287 (1953); George v. Breising, 206 Kan. 221, 477 P.2d 983 (1970); 45 A.L.R.3d 787, 814.
The judgment is affirmed. No costs awarded.