Jennifer Lynn Chapman

This decision addresses costs following a settlement approval for a severely injured plaintiff, Joshua Johnson, from the Motor Vehicle Accident Claims Fund (MVACF).

The court considered whether the Fund, on behalf of Cody Crouse, was liable for the plaintiffs' costs throughout the entire action, including appeals, and whether a Sanderson or Bullock order should be made for the Fund to pay the successful defendant Rankin's Garage's costs.

The court found that the plaintiffs were compelled by the MVACA to pursue all potential tortfeasors, including Rankin's, through all appeals to access the Fund.

It ruled that the court had the authority to award costs for all stages of litigation, including appeals, and that a Sanderson order was appropriate given the circumstances and the Fund's ability to pay, to prevent injustice to the plaintiff.

In a negligence appeal concerning injuries suffered after minors stole an unlocked vehicle from a commercial garage, the Court addressed whether the garage owner owed a duty of care to the injured passenger.

The majority held that while theft risk was foreseeable, the record did not establish reasonable foreseeability of personal injury from unsafe operation of the stolen vehicle in the specific circumstances.

Applying Anns/Cooper, the majority found the plaintiff failed to establish a prima facie duty of care and dismissed the claim against the garage owner.

The dissent would have upheld the existing duty category for foreseeable physical injury and maintained liability findings.