Legal Opinion

Gmerek v. Rachlin

District Court of Appeal of Florida

Decided December 9, 1980No. 79-2351PublishedCited by 4 opinions

1Per curiam

The trial court held, as a matter of law, that the owner of an automobile parked in a high crime area with the keys in the ignition is not liable to third persons injured in an accident involving said vehicle, which occurred some five-and-one-half months after the vehicle was stolen. We affirm.

Even if it was negligent to leave the keys in the ignition, under the principles announced in Vining v. Avis Rent-A-Car Systems, Inc., 354 So.2d 54 (Fla.1978); Section 316.097, Florida Statutes (1975) we hold that the responsibility for such negligence must terminate at some time in the future and, at…

2Cases cited6 opinions

  1. Vining v. Avis Rent-A-Car Systems, Inc.Supreme Court of Florida · 1977
  2. Cone v. Inter County Telephone Telegraph Co.Supreme Court of Florida · 1949
  3. Liberto v. HolfeldtCourt of Appeals of Maryland · 1959
  4. Rexford G. Casey v. Corson and Gruman Company, a CorporationCourt of Appeals for the D.C. Circuit · 1955
  5. Childers v. FranklinAppellate Court of Illinois · 1964

1 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Tae Kim v. Budget Rent A Car Systems, Inc.Washington Supreme Court · 2001
  2. State v. BauerWashington Supreme Court · 2014
  3. Kim v. Budget Rent a Car Systems, Inc.Washington Supreme Court · 2001
  4. State v. BauerWashington Supreme Court · 2014

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