Defendant’s Motion for Summary Judgment Was Denied As Its Truck Was Stolen and the Thieving Driver Caused an Accident and Injury to the Plaintiff.

This action involved a motor vehicle collision where the defendant’s (Sam’s Construction) construction vehicle was stolen by the co-defendant, M. Richards, who caused an accident injuring the plaintiff. Sam’s employee had left the construction vehicle unlocked, with the keys in the center console. 

In analyzing the issue of “[f]oreseeable thieves,” the court determined the plaintiff raised sufficient facts to defeat summary judgment. The court focused on the fact that it was a construction vehicle parked in front of a convenience store, with foot traffic, and the keys were clearly visible to anyone who looked into the truck. For these reasons, Sam’s motion for summary judgment seeking dismissal of the complaint against it was denied. 

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