J.C. Lewis Motor Co. v. Giles

• Decision Date: 12 February 1990
• Docket Number: No. A89A2202,A89A2202
• Citation: J.C. Lewis Motor Co. v. Giles, 391 S.E.2d 19, 194 Ga.App. 472 (Ga. App. 1990)
• Parties: J.C. LEWIS MOTOR COMPANY v. GILES.
• Court: Georgia Court of Appeals

Page 19

391 S.E.2d 19

194 Ga.App. 472

J.C. LEWIS MOTOR COMPANY v.GILES.

No. A89A2202.

Court of Appeals of Georgia.

Feb. 12, 1990.

Kennedy, Lewis, Smart & Brannon, Charles W. Brannon, Jr., Savannah, for appellant.

Thomas J. Mahoney, Jr., Savannah, for appellee.

COOPER, Judge.

This appeal follows our grant of appellant's application for interlocutory review of the trial court's order denying appellant's motion to dismiss.

Appellee was injured when the car she was driving was struck by a car owned by appellant and driven by a 15-year-old youth.Appellee filed suit against appellant, a car dealership, alleging its agents and employees were negligent in leaving the keys to appellant's car in a place accessible to the 15-year-old.In its answer, appellant averred that the collision had occurred after the car was stolen from appellant and raised the defense of failure to state a claim.Appellant subsequently filed a motion to dismiss based on OCGA § 9-11-12(b)(6), which motion the trial court denied.

This case is controlled by a line of cases that includes Price v. Big Creek of Ga., 191 Ga.App. 534, 382 S.E.2d 356(1989)andDunham v. Wade, 172 Ga.App. 391, 392, 323 S.E.2d 223(1984)."Mere ownership of an automobile involved in a collision may not be made the basis for holding an owner liable for the negligent operation of the automobile without showing that the defendant owner was guilty of some other negligent act which proximately contributed to the plaintiff's injury.[Cit.] ... The fact that the keys were left in the unguarded automobile would not authorize a recovery against the owner for the injuries which were the result of its subsequent negligent operation by a thief.[Cits.] The persons immediately responsible will be held to full liability; but persons only so remotely connected with the injury can not be held.[Cit.]"Id.

Appellee maintains that the...