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GRAHAM v. STEPHENS

No. 5D00-1917.

779 So.2d 649 (2001)

Sarah GRAHAM, etc., Appellant, v. Elijah W. STEPHENS, etc., Appellee.

District Court of Appeal of Florida, Fifth District.

March 16, 2001.

Attorney(s) appearing for the Case

Patrick T. Canan of McLeod & Canan, P.A., St. Augustine, for Appellant.

Gary L. Sanders of Bice, Glenny, Sanders & Reichert, PL, Ocala, for Appellee.

PLEUS, J.

The issue in this case is whether the unattended motor vehicle statute1 establishes a duty to protect a thief. In this case, a 17-year old girl took the car in which a key was left in the ignition. She then let a 13-year old boy drive the car. The boy lost control of the vehicle and the 17-year old girl and another 14-year old girl were killed in the ensuing accident. The estate of the 17-year old sued the owner and the trial...

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