Brown v. Five Points Parking Center

I concur in Division 6 of the ■opinion, but dissent from the remainder of the majority opinion and the judgment rendered therein.

Plaintiff paid a monthly rate for the privilege of parking in a multi-level parking garage operated by the defendant. He parked his automobile where he pleased and was not relegated to a particular spot and no attendant ever handled or took possession of the automobile for the purpose of parking it or delivering it to the plaintiff who had the privilege of removing the automobile and bringing it back at his convenience. When the plaintiff brought the automobile into…