McGlynn v. Parking Authority of City of Newark
Supreme Court of New Jersey
432 A.2d 99 (1981)
McGlynn and Backer (plaintiffs) each separately parked in an underground garage operated by the Parking Authority (defendant), where drivers parked in any open space, kept their own keys, and paid on exit at a booth. McGlynn returned to find his convertible top slashed and a cassette player and tapes stolen; Backer returned to find his hubcaps stolen and antenna broken. A Parking Authority supervisor conceded prior incidents of theft and vandalism had occurred despite regular patrols. The trial judge found a bailment relationship existed, instructed the jury that damage created a presumption of negligence, and the jury found for both plaintiffs; the Authority appealed.
Whether a garage operator in possession and control of a customer's vehicle has a duty of care to prevent harm to the vehicle to the extent that such harm is reasonably foreseeable.