Rowe v. City of Chattanooga

OPINION

PARROTT, Presiding Judge.

In these consolidated cases, plaintiffs have appealed from the circuit judge’s sustaining a motion for summary judgment in one of the cases and a motion to dismiss in the other.

The facts are practically undisputed. Chattanooga police officer Melvin Carson parked his cruiser on the private parking lot of an Allied Quik Stop and left the keys in the ignition and the motor running. While in the market, an unidentified thief stole the cruiser and a short distance away struck the plaintiffs’ ears and injured them.

Plaintiffs allege that the cruiser was left parked in…