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Louise MITCHELL, Willie Mae Fleming and Joseph Fleming
v.
Rufus ROBBINS, Gator Freightways, Inc., and Transport Insurance Company
v.
Rufus ROBBINS, Gator Freightways, Inc., and Transport Insurance Company
No. 83-1551.
District Court of Appeal of Florida, Fourth District.
Apr 4, 1984.
Published opinion
Linnes Finney, Jr., of Gary, Williams & Walker, Fort Pierce, for appellants., James T. Walker of Brennan, McAliley, Hayskar, McAliley & Jefferson, P.A., Fort Pierce, for appellees.
Dell, Hurley, Walden.
Cited by 2 opinions | Published
PER CURIAM.
Summary judgment was entered against appellants’ suit for damages which stemmed from injuries suffered in an automobile accident. We reverse and hold the foreseeability of theft and any subsequent accident, following a delivery truck operator’s failure to remove keys from the ignition, presents a jury question, notwithstanding section 316.1975, Florida Statutes (1981). See Vining v. Avis Rent-A-Car System, Inc., 354 So.2d 54 (Fla.1977).
Accordingly, we reverse and remand for a trial on the merits.
HURLEY, DELL and WALDEN, JJ„ concur.