Pratt v. Thomas

491 P.2d 1285, 80 Wash. 2d 117, 1971 Wash. LEXIS 525

• Court: Washington Supreme Court
• Decided: December 30, 1971
• Docket: 42118
• Status: Published

Opinions

Wright, J.

This is an action for damages resulting from an automobile accident which occurred in the evening of December 5, 1969. Plaintiffs appealed from a dismissal of their complaint, as against respondents, Harry Thomas and Wilma Thomas, his wife.

On the evening of the accident, a basketball game was played at. Auburn between Auburn and Bethel high schools. Respondents had been requested by the Bethel School District to accompany the Bethel students who went to the game.

Respondents arrived at Bethel High School about 6:30 p.m. and parked their 1961 Chevrolet station wagon in the school parking lot, where about 50 vehicles were parked. There is a question if the car was locked. Respondents took the keys, but that model could have the keys removed and yet not have the ignition locked. Respondents' then entered a school bus for the trip to Auburn.

Sometime dining the next 2 hours, the station wagon was stolen by three high school students, who drove it some distance. Between the theft of the automobile and the accident, they stopped at the home of another boy, Cyrie A. Lumpkin, who then went with them. After they had driven the stolen vehicle for a while, the state patrol saw it and pursued. A high speed chase followed. The accident occurred and the appellants were injured.

Appellants instituted this action against respondents, the school district, the thieves, the parents of the thieves, the boy who joined the thieves after the vehicle was stolen, his parents, the County of Pierce and the State of Washington. Judgment was obtained against the thieves and against the parents of one of them. All of the other defendants were dismissed. This appeal challenges only the dismissal of respondents, Thomas.

Appellants raise three issues, all of which, however, relate to the one question. What is the liability of the owner of a motor vehicle if the vehicle is stolen and involved in an accident while in the possession of the thief? Appellants contend: 1. the order of dismissal was improper; 2. there was a liability imposed by statute, RCW 46.61.600; and 3. there was common-law liability.

The correctness of the order of dismissal depends upon the liability or nonliability of respondents. In view of the conclusion we reach, the order of dismissal was proper.

Appellants contend RCW 46.61.600 makes the parking of a vehicle without locking and removing the key a crime and, therefore, negligence per se. Appellants contend in the alternative that if the statute does not apply to this case, it nevertheless establishes a standard of care. We find it -unnecessary to pass upon those contentions or upon any question of alleged negligence because one of the essentials for liability to attach to the violation of a standard of care, including the violation of a statute, is that the violation must be the proximate cause, or one of the proximate causes, of the accident and injury. Ward v. Zeugner, 64 Wn.2d 570, 392 P.2d 811 (1964); Cook v. Seidenverg, 36 Wn.2d 256, 217 P.2d 799 (1950).

Here it is plain the accident which caused appellant’s injuries was not a part of the natural and continuous sequence of events which flowed from respondents’ act in leaving their station wagon in the parking lot. It was the result of new and independent forces. Among the new forces were the stealing of the vehicle, the pursuit by the state patrol, the attempt by the thieves to run from the officers and, finally, the accident.

When, as here, the facts do not admit of reasonable differences of opinion, proximate cause is a question of law to be decided by the court. Cook v. Seidenverg, supra; Bracy v. Lund, 197 Wash. 188, 84 P.2d 670 (1938).

Appellants contended Sailor v. Ohlde, 71 Wn.2d 646, 430 P.2d 591 (1967), is not controlling. We have considered the differences in the facts of Sailor and find the rule announced in Sailor to be applicable here.

The order of dismissal is affirmed.

Hamilton, C.J., Finley, Rosellini, Hunter, and Hale, JJ., concur.