Collins v. Wright

MARVIN, Judge.

The defendant-owners of an automobile repair shop appeal a judgment in favor of a plaintiff-customer for damages arising out of the theft of the customer’s automobile from the shop.

The trial court found that defendants were a compensated depositary (or bailee) under CC 2937-2938 and had not diligently preserved or protected the deposited automobile against theft. We affirm.

Defendants contend that under the circumstances of this case, a depositary relationship, if existing at all, was not in effect when the automobile was stolen, that an express disclaimer signed by plaintiff…