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Torts Keyed to Henderson
Herrera v. Quality Pontiac
Facts
A customer dropped of his car at Quality Pontiac (Defendant) for automotive repairs. The Quality auto shop instructed the customer to leave his keys in the vehicle. A third part looking to steal something in vehicles nearby saw that the customer’s vehicle had his keys in the car and proceeded to steal the car. While fleeing the scene the criminal crashed into Ruiz and Encinias (Plaintiffs) vehicle killing one of the and injuring the other. Plaintiff’s attorneys filed a wrongful death and personal injury claim against the defendant. The defendant filed a motion to dismiss. At trial, the plaintiff showed that the city of Albuquerque (where the incident took place) had the second highest automobile theft rate. The trial court granted the motion to dismiss and plaintiffs appeal.
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