Kevin Robert Bridel

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.

Atlant Services, a third party, moved for partial summary judgment against Timberlea Construction and Roofing Ltd., arguing it was an employee of Timberlea or, alternatively, that the third-party claim was statute-barred.

The court found significant material facts in dispute regarding the employment relationship and vicarious liability, making it impossible to reach a fair and just determination without a full trial and viva voce evidence.

The court also dismissed the limitation period argument, finding the third-party claim was commenced within the statutory period.

The motion for partial summary judgment was dismissed.