Archer

Plaintiff/appellant Edward Archer appeals from a summary judgment granted to defendants/respondents Elbert and Michael Sybert in an action for damage to appellant’s parked car caused by the negligent operation of respondents’ vehicle by a thief. We affirm.

It is undisputed that the vehicle causing the accident was owned by respondent Elbert Sybert and on loan to his son, Michael, at the time of the theft. Michael left the car parked outside his residence in Redding, California on July 31, 1981, unlocked and with the keys in the ignition. Michael lived in a “middle-class residential neighborhood, not subject to a high incidence of crime.” To his knowledge, “there was no history of car thefts in the immediate vicinity of [his] residence.” The stolen vehicle was last seen by Michael at approximately 10:30 or 11:30 p.m. on the night of its theft. He first noticed it missing at 5:00 a.m. the next morning. Approximately 15 minutes later the stolen vehicle struck appellant’s automobile in Hayward, California. The driver fled the scene and has not been apprehended. Appellant’s vehicle is a 1926 Rolls Royce which required $50,000 and a considerable amount of time to repair.

The…