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The case involves the liability of a commercial parking garage operator for the theft of a vehicle parked by the owner. The Supreme Court of New Jersey held that a garage owner has a duty of reasonable care to protect parked cars and their contents, and authorized a presumption of negligence from proof of damage to a car parked in an enclosed garage. The Tennessee courts follow a traditional bailment analysis in park-and-lock cases, and in this case, a bailment for hire had been created between the appellee and the garage operator. The appellee was entitled to the statutory presumption of negligence provided in T.C.A. § 24-5-111 upon proof of nondelivery. The lower courts' decision was affirmed.
This case involves the liability of a commercial parking garage operator. The majority opinion holds that a bailment contract exists, entitling the plaintiff to the presumption of negligence if non-delivery is proven. The dissenting opinion disagrees, stating that no bailment existed, and the plaintiff must prove the negligence of the parking facility operator. The traditional bailment criteria are not suitable for analyzing park and lock cases. The proper standard to be followed is "reasonable care under the circumstances whereby foreseeability shall be a measure of liability." The language on the ticket dispensed by the parking garage is not necessarily sufficient to exonerate the garage. The case involves a parked car, locked, and with the ignition key retained. The majority opinion finds that these facts do not violate the legal requirements of a bailment for hire, but the dissenting opinion disagrees. A bailment is created when the operator knowingly and voluntarily assumes control, possession, or custody of the vehicle. Delivery and acceptance are necessary factors. The test to determine if a bailment has been created in a parking facility is whether the vehicle operator has made a delivery to the parking facility operator that amounts to a relinquishment of exclusive possession, control, and dominion over the vehicle, allowing the parking facility operator to exclude others from possessing it.
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