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McGLYNN v. NEWARK PARKING AUTHORITY

86 N.J. 551 (1981)

432 A.2d 99

ROGER H. McGLYNN, PLAINTIFF-RESPONDENT, v. PARKING AUTHORITY OF CITY OF NEWARK, DEFENDANT-APPELLANT. MICHAEL A. BACKER, PLAINTIFF-RESPONDENT, v. PARKING AUTHORITY — CITY OF NEWARK, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided July 14, 1981.

Attorney(s) appearing for the Case

William Pollinger argued the cause for appellant (Donald B. Kaufman, attorney; William D. Giovine, on the brief).

Kevin L. Kelly argued the cause for respondent Roger H. McGlynn (Lum, Biunno & Tompkins, attorneys).

Michael A. Backer argued the cause pro se.

Michael Sternlieb submitted a brief on behalf of amicus curiae The Newark Parking Association, Inc. (Rusch, Litt & Sternlieb, attorneys).

The opinion of the Court was delivered by POLLOCK, J.

The primary issue in this case is whether the operator of an enclosed park and lock garage is liable for theft of property from and damage to a car parked in the garage. A further issue is whether under these circumstances proof of damage or loss creates a presumption of negligence.

Plaintiffs, McGlynn and Backer, parked their cars in the Military Park Garage operated...

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