Florida District Courts of Appeal, 1984

Mitchell v. Robbins

Mitchell v. Robbins
Florida District Courts of Appeal · Decided April 4, 1984 · Dell, Hurley, Walden
447 So. 2d 1034; 1984 Fla. App. LEXIS 12509 (Southern Reporter, Second Series)

Mitchell v. Robbins

Opinion of the Court

PER CURIAM.

Summary judgment was entered against appellants’ suit for damages which stemmed from injuries suffered in an automobile accident. We reverse and hold the foreseeability of theft and any subsequent accident, following a delivery truck operator’s failure to remove keys from the ignition, presents a jury question, notwithstanding section 316.1975, Florida Statutes (1981). See Vining v. Avis Rent-A-Car System, Inc., 354 So.2d 54 (Fla. 1977).

Accordingly, we reverse and remand for a trial on the merits.

HURLEY, DELL and WALDEN, JJ„ concur.

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