Florida District Courts of Appeal, 1984

Mitchell v. Robbins

Florida District Courts of Appeal · Decided April 4, 1984 · No. 83-1551 · Dell, Hurley, Walden

447 So. 2d 1034; 1984 Fla. App. LEXIS 12509 (Southern Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

Rubin v. Brutus Corp. (Fla. Dist. Ct. App. 1986)
O'Connor v. O'Connor (Fla. Dist. Ct. App. 1984)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

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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