ALLAN v. GRAF

No. 4D08-5130.

43 So.3d 151 (2010)

Phillip ALLAN, Appellant, v. Kenneth GRAF, an individual, Central Parking Corporation, a Tennessee corporation, USA Parking System, Inc., a Tennessee corporation, WHB Transportation, Inc., a Florida corporation, f/k/a USA Transportation, Inc., and Transportation Services, USA, Inc., a Tennessee corporation f/k/a USA Transportation Services, Inc., Appellees.

District Court of Appeal of Florida, Fourth District.

September 1, 2010.


Attorney(s) appearing for the Case

Julie A. Hager of Law Offices of Julie A. Hager, L.L.C., Fort Lauderdale, and Dan Cytryn of Law Offices of Cytryn & Velazquez, P.A., Coral Springs, for appellant.

Rosemary Wilder of Marlow, Connell, Abrams, Adler, Newman & Lewis, Coral Gables, for appellees.


GROSS, C.J.

The question in this case is whether an employer can be held vicariously liable for an employee's negligence in mishandling the car keys to his own car, thereby allowing a thief to steal the car and injure a third party. We hold that the employer cannot be held vicariously liable and affirm the final summary judgment entered by the circuit court.

Phillip Allan was struck by a car owned by Kenneth Graf. At the time of the collision, the car had...

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