Michael Walker entered a Manhattan parking garage, flashed what looked like a claim ticket and told the attendant that he needed to retrieve something from his vehicle. The attendant followed Walker to the car and gave him the keys. But it was only after Walker drove away, without paying, that the attendant realized that car had been stolen.
Later that evening, while attempting to evade the police, Walker drove northbound on the southbound side of the Major Deegan Expressway and collided with Jessica Baldwin's vehicle.
When Baldwin and her passenger sued to recover damages for their injuries, the Kings County Supreme Court ended up dismissing that part of the case brought against the parking garage's owners and operators.
In the absence of some statutory violation, the Appellate Division, Second Department, agreed the defendants weren't responsible "'for damages caused by [a thief] in operation of his vehicle.'"
Did the AD2 steal a reversal there?
To view a copy of the Appellate Division's decision, please use this link: Baldwin v. Garage Mgt. Corp.