Herrera v. Quality Pontiac
New Mexico Supreme Court
73 P.3d 181 (2003)
A customer left his car at Quality Pontiac (Quality) (defendant) in Albuquerque for repairs and, per Quality's instructions, left the keys inside; the lot had a fence but an unlocked gate. Garcia entered the lot looking for something to steal, found the keys, and stole the car; a police officer later spotted Garcia speeding and pursued him, and during the chase Garcia collided with a car carrying Ruiz and Encinias (plaintiffs), killing one and seriously injuring the other. Herrera, representing Ruiz and Encinias, sued Quality for wrongful death and personal injury, supported by a sociologist's affidavit showing Albuquerque had one of the highest vehicle-theft rates in the country and that stolen cars have roughly 200 times the accident rate of non-stolen cars; the trial court granted Quality's motion to dismiss, and Herrera appealed.
Whether a business can be held liable in negligence for injuries caused by a third party's criminal theft of a car, when the business instructed a customer to leave keys in an unlocked vehicle on a lot known to be in a high-theft area.