Padro v. Knobloch

Defendant has moved for summary judgment dismissing the complaint, and plaintiffs have requested summary judgment in their favor. No common-law liability of defendant has been established, since the car, at the time of the accident, was being operated by a thief and not with the consent, express or implied, of defendant. However, plaintiffs allege that the key had been left in the ignition switch, with the doors to the car unlocked and the car unattended. Defendant states that the keys to the car were left, not in the ignition switch, but on the front seat. The facts relating to this issue…