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21 Mem. St. U. L. Rev. 595 (1990-1991)
Tort Law - McClenahan v. Cooley: The Impact of Automobile Thefy on Proximate Cause Issues - Distinctions between Public and Private Property

handle is hein.journals/umem21 and id is 633 raw text is: Tort Law-McClenahan v. Cooley: The Impact of Automobile Theft on Proximate Cause Issues-Distinctions Between Public and Private Property Defendant, Glenn Cooley, parked his car in a private bank park- ing lot, leaving the key in the ignition and the doors unlocked.1 The automobile was stolen and was involved in an accident with plaintiff, William McClenahan.2 Plaintiff filed an action based on common- law negligence principles and an alleged violation of Tennessee Code Annotated section 55-8-162, which requires the operator of a motor vehicle to lock the ignition before leaving the automobile unat- tended.3 The trial court granted summary judgment on the pleadings in favor of the defendant. The court of appeals affirmed,' holding 1. McClenahan v. Cooley, No. C.A. 145, 15 TAM 28-22 (Tenn. Ct. App. June 7, 1990) (WESTLAW, 1990 WL 74395). 2. Id., slip op. at 2. The court of appeals failed to elaborate on the specific harm plaintiff sustained, merely terming it great. Id. The Supreme Court, however, did elaborate. On May 20th, 1988, at approximately 11:00 a.m., the defendant left his automobile unattended, with the keys in the ignition in a public parking lot of a shopping center while he transacted busi- ness at a bank. The vehicle was reported stolen at 11:13 a.m. At 11:33 a.m., the thief, travel- ling in excess of 80 miles per hour while being chased by the police, ran a red light at the most dangerous intersection in the city and hit plaintiff's automobile. Plaintiff's pregnant wife, and two small children were in the automobile. Plaintiff's wife died fourteen hours fol- lowing the accident. A viable fetus was delivered, but later died as a result of injuries sus- tained in the accident. Plaintiff's four-year-old son also died. The other small child sustained substantial injuries, but managed to survive. McClenahan v. Cooley, 806 S.W.2d 767, 769 (Tenn. 1991). 3. McClenahan v. Cooley, slip op. at 2. Tennessee Code Annotated § 55-8-162 provides as follows: No person driving or in charge of a motor vehicle shall permit it to stand unat- tended without first stopping the engine, locking the ignition, and effectively set- ting the brake thereon and, when standing upon any grade, turning the front wheels to the curb or side of the highway. TENN. CODE ANN. § 55-8-162 (1988). Note that the McClenahan opinion erroneously cited the statute as TENN. CODE ANN. § 55-8-16 (1988). 4. McClenahan, slip op. at 2. 5. McClenahan v. Cooley, No. C.A. 145, 15 TAM 28-22 (Tenn. Ct. App. June 7, 1990) (WESTLAW, 1990 WL 74395).

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