Schwartz v. American Home Assur. Co.

Decision Date04 May 1978
Docket NumberNo. 49998,49998
PartiesSolomon SCHWARTZ, as Personal Representative of Sara Schwartz, and Solomon Schwartz, Individually, Petitioner, v. AMERICAN HOME ASSURANCE COMPANY, a Foreign Corporation, and Vincent Grande, Respondents.
CourtFlorida Supreme Court

Stuart R. Silver, of Jay Dermer Law Offices, Miami Beach, for petitioner.

Donald W. Hardeman, Jr., of Corlett, Merritt, Killian & Sikes, and Marc Cooper, of Greene & Cooper, Miami, for respondents.

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 with the key inside is liable for the conduct of a thief who steals the car and subsequently injures someone while negligently operating the stolen vehicle. However, unlike the Vining case, where the owner of the car left the key in the ignition in violation of Section 316.097, Florida Statutes (1975), and in an area which had an extremely high incidence of auto theft, the respondent herein left the keys to his automobile in the glove compartment when he parked it in front of a bar which he was frequenting. In Vining, this Court found that whether the owner of the car was liable for the later actions of the criminal depended on whether a reasonable man could foresee the theft of the automobile under the particular circumstances and further foresee the increased danger of injury to the general public should such a theft occur. If reasonable men could differ as to the determination of these questions, then the Vining Court found that the jury was empowered to ultimately resolve these issues. Conversely, in the instant cause, the District Court of Appeal, Third District, affirmed the order of the trial judge granting defendants' motion for summary judgment on the theory that an intervening criminal act breaks the chain of causation. Consequently, jurisdiction vests in this Court pursuant to Article V, Section 3(b)(3), Florida Constitution.

The facts as stated by the District Court of Appeal, Third District, are as follows:

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 insurer 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...

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21 cases
  • Holley v. Mt. Zion Terrace Apartments, Inc.
    • United States
    • Florida District Court of Appeals
    • March 25, 1980
    ...from a criminal attack, it cannot escape responsibility because the attack has actually taken place. See also Schwartz v. American Home Assurance Co., 360 So.2d 383 (Fla.1978); Vining v. Avis Rent-A-Car Systems, Inc., 354 So.2d 54 (Fla.1977); Cooper v. IBI Security Systems, Inc., (2) Moreov......
  • GAB Business Services, Inc. v. Syndicate 627
    • United States
    • U.S. Court of Appeals — Eleventh Circuit
    • February 12, 1987
    ...patron). "[I]f reasonable men might differ, the determination of foreseeability should rest with the jury." Schwartz v. American Home Assurance Co., 360 So.2d 383, 385 (Fla.1978). The jury could have found that GAB's negligence caused the death of the horse and that 627 had employed GAB to ......
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    • United States
    • Florida District Court of Appeals
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    • United States
    • Florida Supreme Court
    • June 16, 1997
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