Dix v. Motor Market, Inc.

DOWD, Judge.

An auto is stolen from a parking garage where the keys were left in the ignition, and the thief being chased by the police collided with an auto operated by plaintiffs’ decedent. Plaintiffs sue the person leaving the auto in the parking garage, his employer, and the operator of the parking garage.

Plaintiffs appeal the trial court’s dismissal of their wrongful death petition for failure to state a claim upon which relief may be granted. We affirm.

In considering the sufficiency of a petition on a motion to dismiss, we give the averments a liberal construction and accord the petition…