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Pendrey v. Barnes

Supreme Court of Ohio
Jun 19, 1985
18 Ohio St. 3d 27 (Ohio 1985)

Summary

holding that the acts of a car thief "are a sufficient intervening or superseding cause to break the chain of causation with respect to the car's owner" who left keys in the vehicle, and noting that while the theft may have been foreseeable by the car owner, the subsequent negligent use of her car was not foreseeable

Summary of this case from Bruck v. Thompson

Opinion

No. 84-1586

Decided June 19, 1985.

Torts — Negligence — Automobile stolen with keys in ignition and doors unlocked — Negligent operation by thief — Theft is sufficient superseding cause to absolve responsibility.

APPEAL from the Court of Appeals for Lucas County.

On October 17, 1982, Glenda S. Barnes, appellee herein, parked her automobile in the lot of her brother's apartment complex and left her keys in the ignition and the door unlocked. Subsequently the car was stolen and was involved in an accident with Mark Pendrey, appellant herein.

Appellant filed the instant cause for personal injuries on June 2, 1983. Consequently the trial court granted appellee's motion for summary judgment which was, in turn, affirmed by the Court of Appeals for Lucas County.

The cause is now before this court pursuant to the allowance of a motion to certify the record.

Sheldon S. Wittenberg, Gallon, Kalniz Iorio Co., L.P.A., and Joseph F. Albrectha, for appellant.

Neipp Wingart Co., L.P.A., and Robert J. Bahret, for appellee.


The issue before us is, as it was in Ross v. Nutt (1964), 177 Ohio St. 113 [29 O.O.2d 313], whether the operator of a motor vehicle who leaves his motor vehicle unattended with the key in the ignition and the door unlocked is liable for injuries sustained to a third person resulting from the negligent operation of the motor vehicle by a thief. For the reasons set forth herein we reaffirm Ross, affirm the court below, and hold that the theft of the motor vehicle was a sufficient superseding cause to, as a matter of law, absolve appellee from responsibility for appellant's injuries.

This court held in Ross:

"The violation by the operator of a motor vehicle of a city ordinance prohibiting the leaving of an unattended motor vehicle without locking the ignition and removing the key does not impose liability on such operator for the negligent operation of such vehicle by a thief, causing injuries to a third person." Id. at syllabus.

The underlying rationale for the Ross decision was "to hold defendant liable would require him to have anticipated not one but two probable consequences as a result of his leaving his key in his car." Id. at 115. In short, while the theft may have been anticipatable, the subsequent negligent use of the vehicle to injure a third party was not. Thus, "there was an efficient intervening cause, a new and independent force which severed the chain of causation." Id.

Since Ross, this court has had occasion to review the question of what constitutes an intervening or superseding cause to breach the chain of proximate causation. In Strother v. Hutchinson (1981), 67 Ohio St.2d 282 [21 O.O.3d 177], we held a directed verdict in favor of a defendant to have been erroneously granted when the defendant shot a robber as the latter, who was driving an automobile, entered a busy intersection and subsequently collided with the vehicle of a third party. Strother, however, is inapposite to the cause sub judice because the defendant knew, or should have known, that shooting an individual entering a busy intersection could cause injuries to others. In the instant case appellee may have foreseen the possibility of her car being stolen, but no action or inaction on her part could have induced negligent or reckless behavior on the part of the car thief once the car had already been taken.

The weight of authority supports the view that an accident caused by an intermeddler, who was enabled to misappropriate a vehicle by the owner's having left the car unattended and the key in the ignition, will not create liability for the car's owner. Annotation, Liability of Motorist who Left Key in Ignition for Damage or Injury Caused by Stranger Operating the Vehicle (1972), 45 A.L.R. 3d 787; Restatement of the Law 2d, Torts (1965) 88, 89-90, Section 302B, Comment d. (Illustration 2 to Comment d specifically sets forth the general fact pattern herein and absolves that hypothetical owner of liability.)

Appellant argues that subsequent to the Ross decision, Ohio's Legislature adopted R.C. 4511.661 which, like the municipal ordinance in Ross, prohibits leaving an automobile unattended with the keys in the ignition. However, there is no evidence to suggest this provision is designed to impose strict liability against car owners who have their cars stolen when the car thief uses the car to injure third parties. See, generally, 1979 Ohio Atty. Gen. Ops. No. 79-073, at 2-237.

Appellant also argues that statistical data accumulated by the United States Justice Department supports the proposition that stolen cars, many of which have had keys left in their ignitions, have a tendency to become involved in accidents. This argument, however, is better directed towards the legislature than the courts. The implications of, by judicial fiat, making every owner of an automobile an insurer for injuries to third parties which may be occasioned by the negligent or reckless acts of a car thief are unacceptable. We decline to adopt such proposition.

As we noted in Ross, the acts of an intermeddler, after the car has been stolen, are a sufficient intervening or superseding cause to break the chain of causation with respect to the car's owner. We therefore find summary judgment to have been properly granted to appellee.

Accordingly, the judgment of the court of appeals is affirmed.

Judgment affirmed.

CELEBREZZE, C.J., SWEENEY, LOCHER, HOLMES, C. BROWN and WRIGHT, JJ., concur.

DOUGLAS, J., dissents.


Summaries of

Pendrey v. Barnes

Supreme Court of Ohio
Jun 19, 1985
18 Ohio St. 3d 27 (Ohio 1985)

holding that the acts of a car thief "are a sufficient intervening or superseding cause to break the chain of causation with respect to the car's owner" who left keys in the vehicle, and noting that while the theft may have been foreseeable by the car owner, the subsequent negligent use of her car was not foreseeable

Summary of this case from Bruck v. Thompson

finding that summary judgment was proper because any negligence on the part of a car owner who left keys in the ignition and the car running was, as a matter of law, superseded by the acts of a person who stole the car and subsequently injured another in an accident

Summary of this case from Hogrefe v. Mercy St. Vincent Med. Ctr.

concluding that where the operator of a motor vehicle negligently left his vehicle unattended with the key in the ignition and the door unlocked, the operator was not liable to a third person injured after a thief stole the vehicle because, although "the theft may have been anticipatable, the subsequent negligent use of the vehicle to injure a third party was not"

Summary of this case from Pandey v. Banachowski

In Pendrey, the Ohio Supreme Court affirmed its holding in Ross: Any negligence on the part of a car owner who left keys in the ignition and the car running was, as a matter of law, superseded by the acts of a person who stole the car and subsequently injured another in an accident.

Summary of this case from Bugaj v. Nationwide Insurance

In Pendrey, the defendant parked her vehicle in the lot of her brother's apartment complex and left her keys in the ignition and the doors unlocked.

Summary of this case from Magill v. Moore
Case details for

Pendrey v. Barnes

Case Details

Full title:PENDREY, APPELLANT, v. BARNES, APPELLEE

Court:Supreme Court of Ohio

Date published: Jun 19, 1985

Citations

18 Ohio St. 3d 27 (Ohio 1985)
479 N.E.2d 283

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