The defendant owner of a motor vehicle moved for summary judgment to dismiss a negligence action arising from a collision in a bar parking lot.
The plaintiff was struck by the defendant's vehicle, which had been left idling by the defendant's cousin and was allegedly stolen by an unknown thief.
The court found no genuine issue requiring a trial regarding the driver's identity, concluding the driver was a thief.
Consequently, the court held the owner was not liable under s. 192(2) of the Highway Traffic Act as the vehicle was taken without consent, nor at common law as no duty of care was owed.
The motion for summary judgment was granted and the action dismissed.
