Public-domain · open source
OpenJurist

447 So. 2d 1034

Mitchell v. Robbins

District Court of Appeal of Florida · decided 1984-04-04

Relies on 354 So. 2d 54 - Vining v. Avis Rent-A-Car Systems, Inc.

Decided 1984-04-04

PER CURIAM.

¶1Summary 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).

¶2Accordingly, we reverse and remand for a trial on the merits.

HURLEY, DELL and WALDEN, JJ„ concur.
/447/so2d/1034 · .json · Public domain