Case #1: Zinck v. Whelan
In 1970, Patrick Schoudt, a defendant, left his father’s car parked in front of their house for the night. He left the door unlocked with the key in the ignition. During the night, teenagers stole the car and drove 50 miles before crossing over the center line and crashing into the plaintiffs' car, severely injuring three people. The plaintiffs sued both Patrick and his father for negligently leaving the key in the ignition. At the trial, the judge granted summary judgment for the defendants, finding no liability.
The Appellate Court believed that in determining duty, breach, and proximate cause, a court should review the foreseeability to a reasonable man of the "enhanced hazard" of theft, ensuing mishandling by the thief, and then subsequent death or injury to a bystander (Zinck, page 445).
A previous decision in New Jersey, Saracco v. Lyttle (1951), held it was not foreseeable that leaving keys in the ignition would lead to theft and subsequent destruction or injury to a bystander. But in Zinck the court took note of available empirical data in making its decision.
Case #1: Zinck v. WhelanIn 1970, Patrick Schoudt, a defendant, left his father’s car parked in front of their house for the night. He left the door unlocked with the key in the ignition. During the night, teenagers stole the car and drove 50 miles before crossing over the center line and crashing into the plaintiffs' car, severely injuring three people. The plaintiffs sued both Patrick and his father for negligently leaving the key in the ignition. At the trial, the judge granted summary judgment for the defendants, finding no liability.The Appellate Court believed that in determining duty, breach, and proximate cause, a court should review the foreseeability to a reasonable man of the "enhanced hazard" of theft, ensuing mishandling by the thief, and then subsequent death or injury to a bystander (Zinck, page 445).A previous decision in New Jersey, Saracco v. Lyttle (1951), held it was not foreseeable that leaving keys in the ignition would lead to theft and subsequent destruction or injury to a bystander. But in Zinck the court took note of available empirical data in making its decision.
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