Mitchell v. Robbins
Florida District Courts of Appeal
Mitchell v. Robbins, 447 So. 2d 1034 (1984)
1984 Fla. App. LEXIS 12509
Dell, Hurley, Walden
Mitchell v. Robbins
Opinion of the Court
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.
Reference
- Full Case Name
- Louise MITCHELL, Willie Mae Fleming and Joseph Fleming v. Rufus ROBBINS, Gator Freightways, Inc., and Transport Insurance Company
- Cited By
- 2 cases
- Status
- Published