Garvey v. Vawter

OPINION ON REMAND

This is an appeal from a summary judgment on the pleadings. Appellant filed suit alleging that appellee negligently left the keys to her parked automobile in the ignition, that a thief then stole the automobile and drove it into appellant’s place of business to his damage. The trial court granted appellee’s motion for summary judgment on the pleadings on the ground that, as a matter of law, appellee’s action cannot be the proximate cause of appellant’s damages. This court reversed and remanded for trial, 774 S.W.2d 86 (1989), on the grounds that the proper method for…