Torchia v. Cedar Fair L.P.

REIBMAN, J.,

Plaintiff alleges that he drove his automobile to defendant’s amusement park, paid $5 to park, and then returned only to find his vehicle stolen. He filed a two-count complaint, seeking to recover against defendant for “breach of [an] implied bailment” and for “negligence.” Defendant demurs, arguing that the disclaimer of liability on the parking pass it issued precludes recovery under a bailment theory, and that defendant owed plaintiff no duty such as would warrant recovery for negligence in these circumstances. Because it cannot be said with positive assurance that recovery is…