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Torts Keyed to Duncan
Ziva Jewelry, Inc. v. Car Wash Headquarters, Inc.
Citation:
897 So.2d 1011 (Ala. 2004)Facts
Ziva Jewelry, Inc. (plaintiff) employed Stewart Smith as a traveling sales representative. Smith would keep the jewelry secured in the trunk of his car, padlocked. The key to the padlock was kept on his key ring. While returning from a trade show, Smith took his car to a car wash operated by Car Wash Headquarters, Inc. (defendant). He left his car and keys with an employee, and did not mention the jewelry in the car. Then, while he was standing at the counter waiting to pay for the car wash, someone jumped into his car and sped off. The car was recovered fifteen minutes later, but $851,935 in jewelry had been stolen and was never recovered. The plaintiff sued the defendant on the grounds that the defendant was a bailee who failed to exercise due care to safeguard the car and return it to Smith. The defendant moved for summary judgment.
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