The appellant commercial garage owner appealed a jury verdict finding him 37% liable for catastrophic injuries suffered by a minor who, along with a friend, stole an unlocked car with the keys left inside from the garage lot.
The Court of Appeal conducted an Anns-Cooper analysis and upheld the finding that the garage owner owed a duty of care to the minors, as the risk of theft and joyriding by minors was reasonably foreseeable and the garage owner had a responsibility to secure the vehicles.
The court found no residual policy considerations to negate the duty, noting that the minor's illegal conduct was properly addressed through contributory negligence rather than denying a duty of care.
The appeal was dismissed.
