GMEREK v. RACHLIN

No. 79-2351.

390 So.2d 1230 (1980)

Joseph GMEREK and Sophia Gmerek, His Wife, Appellants, v. Norman S. RACHLIN, Reva Rachlin and Aetna Casualty and Surety Company, Appellees.

District Court of Appeal of Florida, Third District.

December 9, 1980.


Attorney(s) appearing for the Case

High, Stack, Lazenby, Bender, Palahach & Lacasa and R. Scott Boundy, Miami, for appellants.

Stephens, Schwartz, Lynn & Chernay and Robert M. Klein, Miami, for appellees.

Before BARKDULL, HENDRY and SCHWARTZ, JJ.


PER CURIAM.

The trial court held, as a matter of law, that the owner of an automobile parked in a high crime area with the keys in the ignition is not liable to third persons injured in an accident involving said vehicle, which occurred some five-and-one-half months after the vehicle was stolen. We affirm.

Even if it was negligent to leave the keys in the ignition, under the principles announced in Vining v....

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