Santarlas v. Leaseway Motorcar Transport Co.

CAVANAUGH, Judge.

Plaintiffs, Everett Santarlas and his wife, brought suit against defendant after he was struck by a vehicle that was stolen from defendant’s auto dealership, Family Jeep Eagle, Inc. 1 Plaintiffs argue that defendant was negligent in not taking steps to prevent the vehicle from being stolen from the lot and that defendant’s negligence caused the subsequent accident and injuries. At the liability phase of a bifurcated jury trial a verdict was entered in favor of defendant. Plaintiff now appeals raising three issues:

1) Did the trial court err in failing to instruct the jury that…