SOLOMON SCHWARTZ, AS PERSONAL REPRESENTATIVE OF SARA SCHWARTZ, AND SOLOMON SCHWARTZ, INDIVIDUALLY, APPELLANT,
v.
AMERICAN HOME ASSURANCE COMPANY, A FOREIGN CORPORATION, AND VINCENT GRANDE, APPELLEES
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Solomon Schwartz appealed a summary judgment dismissing his negligence action against vehicle owner Vincent Grande and his insurer American Home Assurance Company, arising from a fatal automobile accident. The court held that an intervening criminal act of a third-party stranger breaks the chain of causation, and Grande's negligence in leaving his car unattended with unlocked doors was not the proximate cause of the damages.
The vehicle owner is not liable because an intervening criminal act of a third-party stranger breaks the chain of causation, and the owner's negligence was not the proximate cause of the damages. The plaintiff's damages were not reasonably foreseeable consequences of the owner's negligence, and no statutory violation was demonstrated since the key was in the glove box rather than the ignition switch.
[1] An intervening criminal act generally breaks the chain of causation, relieving the original negligent party of liability for damages resulting from that act.
[2] Liability for damages cannot be imposed if the damages were not a reasonably foreseeable consequence of the original negligence.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The principle applied in Florida is that as a general rule, an intervening criminal act breaks the chain of causation.”
Establishes the foundational legal principle that breaks the causal connection between the owner's negligence and the third-party's criminal conduct.
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Join FLexlaw to unlock all legal intelligenceOn October 7, 1974, Vincent Grande parked his automobile in front of a bar with the doors unlocked, beer and cheese on the back seat, and an ignition …
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NATHAN, Judge.
This is an appeal by the plaintiff, Solomon Schwartz, individually, and as personal representative of Sara Schwartz, from a summary final judgment in favor of the defendants in an action for damages resulting from an accident which occurred on October 7, 1974, in which Solomon Schwartz was injured, and his wife, Sara Schwartz, was killed.
Defendant, Vincent Grande, was the owner of the automobile which struck the plaintiff and his wife, who were pedestrians crossing the street at an intersection with a green traffic signal. American Home Assurance Company was Grande’s liability in surer and a third defendant, one Jimmie Johnson, was the operator of Grande’s vehicle at the time of the accident. It appears that on the evening of the accident, Grande parked his car in front of a bar and left it unattended with the doors unlocked, a package containing beer and cheese on the back seat and an ignition key in the glove box. While Grande was in the bar, Johnson entered the car, found and utilized the key and proceeded to drive for a few blocks when he struck the Schwartzes, injuring the husband and killing the wife.
The complaint alleged negligence on the part of Johnson and liability on the part of Grande and his insurer, American Home Assurance Company, on the basis of negligence as well as vicarious liability as owner of the vehicle. The answer of defendants Grande and American Home Assurance Company denied liability on the theory of intervening cause. The trial court granted the motion of Grande and American Home Assurance Company for summary final judgment, and this appeal ensued.1
The plaintiff contends that Grande, the owner of the car, is liable for damage resulting from negligent operation of the car by a third person stranger where the car was parked unattended with the doors unlocked, cheese and beer on the back seat and an ignition key in the glove box. We do not agree. The principle applied in Florida is that as a general rule, an intervening criminal act breaks the chain of causation. Therefore, the original negligence of Grande was not the proximate cause of the damages resulting from the intervening criminal act. Lingefelt v. Hammer, Fla.App.1960, 125 So. 2d 325; Bryant v. Atlantic Car Rental, Inc., Fla. App.1961, 127 So. 2d 910. Even though a person may be guilty of negligent acts or omissions, there can be no recovery for damages which were not a reasonably foreseeable consequence of the negligence. To be foreseeable, the negligence must be such that a person, by prudent human foresight, can anticipate that the damages will likely result from the negligence. Cone v. Inter County Telephone & Telegraph Company, Fla.1949, 40 So. 2d 148. We conclude that the record reveals no reasonable basis upon which a jury could find that the plaintiff’s damages were proximately caused by Grande’s negligence or were reasonably foreseeable by him. Compare Moser v. Semenza, Fla.App. 1965, 177 So. 2d 880. Moreover, since the key was located in the glove box and not in the ignition switch, no violation of any municipal or county ordinance or state statute has been demonstrated. We regard the question involved in this case to be of such importance that we have certified to the Supreme Court of Florida a similar decision in the case of Vining v. Avis Rent-A-Car, Fla. App.1976, 330 So. 2d 550.
The summary final judgment in favor of the defendants is affirmed.
. The judgment purports to be in favor of “the defendants.” We are unable to ascertain from the record whether the third party defendant, Johnson, was ever served or participated in the action.
CHARLES CARROLL, Associate Judge
(dissenting).
I respectfully dissent. The automobile was left unattended, parked on the street, in front of a bar, in a manner that was in violation of an ordinance as to the securing thereof. The applicable ordinance referred to leaving a motor vehicle unattended without (1) stopping the engine, (2) locking the ignition and (3) removing the key. The first two requirements were complied with. The third was not. Removal of the key, when the vehicle is to be left unattended, means taking the key out of and away from the vehicle, since an intruder could be expected to look for a key in places where normally it would be placed if left in the automobile, such as under the edge of the floor mat, or upon the sunvisor, or in the glove compartment. In my view what happened was a foreseeable consequence.
I dissent from the majority opinion and judgment in this case on the grounds and reasons expressed in my dissenting opinion in Lingefelt v. Hanner, Fla.App.1960, 125 So. 2d 325, at 327-328.
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Solomon Schwartz v. Am. Home Assurance Co., 360 So. 2d 383 (Fla. 1978)…SUNDBERG, Justice. By petition for writ of certiorari, petitioner seeks review of a decision of the District Court of Appeal, Third District, reported at 334 So. 2d 268 (Fla. 3d DCA 1976), which is in conflict with our recent opinion in Vining v. Avis Rent-A-Car Systems, Inc., 354 So. 2d 54 (Fla.1977). Both Vining and the instant case present the issue of whether the owner of an automobile who leaves it unlocked wi…
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Solomon Schwartz v. Am. Home Assurance Co., 362 So. 2d 968 (Fla. 3d DCA 1978)…PER CURIAM. Whereas, the judgment of this court was entered on May 11, 1976 (334 So. 2d 268) affirming the summary final judgment of [*969] the circuit court of Dade County, in the above styled cause, and Whereas, on review of this court’s judgment, by certiorari, the Supreme Court of Florida by its opinion and judgment filed May 4, 1978,…
Authorities Cited
- Cone v. Inter Cnty. Tel. Tel. Co., 40 So.2d 148 (Fla. 1949)
- Lingefelt v. Hanner, 125 So. 2d 325 (Fla. 3d DCA 1960)
- Mozer v. Semenza, 177 So. 2d 880 (Fla. 3d DCA 1965)
- Bryant v. Atl. CAR Rental, Inc., 127 So. 2d 910 (Fla. 2d DCA 1961)
- Vining v. AVIS Rent-A-Car Sys., Inc., 330 So. 2d 550 (Fla. 3d DCA 1976)