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Insurance subrogation - Alleged self-park car lot negligence - Vehicle theft - Failure to post attendant hours.

Philadelphia County

This was a subrogation action with sought to hold the defendant self-park car park lot responsible for the theft of a car from the defendant’s Philadelphia parking lot. The defendant maintained that it breached no duty owned to the plaintiff.

The plaintiff contended that a ________ Acura Legend worth $________ was left in the defendant’s Philadelphia parking lot in November of ________. When the owner of the car returned between 5:00 and 6:00 P.M., she discovered that the car had been stolen. The plaintiff contended that she had the car keys with her at the time of the theft. The plaintiff alleged that the defendant violated a City ordinance which requires posting of the hours when a parking lot attendant is on duty and that violation of the ordinance was negligence per se. The parking lot attendant had left at approximately 2:00 or 3:00 P.M. on the day in question.

The defendant denied violation of the ordinance, but maintained that even if the ordinance had been violated, the violation was not the cause of the plaintiff’s loss. The defendant argued that it had no duty to safeguard the car and no bailment situation was created.

The case was tried as a bench trial with a verdict for the defendant.

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