California Court of Appeal

Summary judgment for defendants in case involving theft of truck from parking lot -- which had the practice of leaving keys in the ignition and doors unlocked -- eventually resulting in police chase and collision of stolen truck into plaintiff's squad car, severely and permanently injurying him, is affirmed as leaving keys in ignition of unlocked vehicle along with additional factors was still insufficient to constitute special circumstances creating duty to protect third persons against theft of vehicle and injury.

Appellate Information

• Decided 10/19/2006
• Published 10/19/2006

Judges

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Law Offices of Tony J. Tanke, Tony J. Tanke;  Law Offices of Gary L. Simms, Gary L. Simms;  The Drivon Law Firm, Laurence E. Drivon and Davey L. Turner;  Tabak Law Firm and Stewart M. Tabak for Plaintiffs and Appellants., Porter, Scott, Weiberg & Delehant, Carl L. Fessenden, Brendan J. Begley, Sacramento, and Thomas L. Riordon for Intervener and Appellant.


• For Appellees:
  
• Hancock Rothert & Bunshoft, Duanne Morris, Max H. Stern, William S. Berman and Kate Cutler, San Francisco;  Thayer, Harvey, Gregerson, Hedberg & Jackson, Dale H. Thayer, Modesto, and Graham S. Lopez for Defendant and Respondent.