Graham v. Stephens

The issue in this case is whether the unattended motor vehicle statute1 establishes a duty to protect a thief. In this case, a 17-year old girl took the car in which a key was left in the ignition. She then let a 13-year old boy drive the car. The boy lost control of the vehicle and the 17-year old girl and another 14-year old girl were killed in the ensuing accident. The estate of the 17-year old sued the owner and the trial judge granted a summary judgment in favor of the owner of the vehicle.

In granting a summary judgment, the trial judge ruled that the plaintiff was not a member of the…