Pendrey v. Barnes

The issue before us is, as it was in Ross v. Nutt (1964), 177 Ohio St. 113 [29 O.O.2d 313], whether the operator of a motor vehicle who leaves his motor vehicle unattended with the key in the ignition and the door unlocked is liable for injuries sustained to a third person resulting from the negligent operation of the motor vehicle by a thief. For the reasons set forth herein we reaffirm Ross, affirm the court below, and hold that the theft of the motor vehicle was a sufficient superseding cause to, as a matter of law, absolve appellee from responsibility for appellant’s injuries.

This court…