Vawter v. Garvey

This is a summary judgment case. Garvey filed suit to recover property damages sustained when his boat business was struck by Vawter’s vehicle which had been stolen. Garvey alleged that his damages were “proximately caused by the negligence of Vawter in leaving her keys in the automobile while the same was unguarded.” The trial court granted Vawter’s motion for summary judgment on the plead- mgs on the grounds that Vawter s actions could not, as a matter of law, be the proximate cause of Garvey’s damages. The court of appeals, however, reversed the trial court’s judgment and remanded the…