Recently, an interesting case was decided by Florida’s Second District Court of Appeal. The Court determined the liability of a valet parking service when returning keys to an “obviously intoxicated customer.” In Weber v. Marino Parking Systems, a November, 2012 case, the Second DCA held that the valet parking service does not owe a duty to third parties to refrain from returning the car keys to a car’s owner, even when the valet parking service knows the driver is intoxicated!
In Weber, a wrongful death action was filed against Marino Parking Systems by the mother of a young woman killed as a passenger in an automobile accident. The driver was found to have been intoxicated. The girl’s mother accused Marino Parking Systems, a valet company, of improperly handing the keys over to an obviously intoxicated driver.
In rendering its decision, the Court referred to another case where a bailor/bailee relationship existed. In that case, it was held, “because the customer already owned the car, a repair shop could not be liable for negligently entrusting the car back to its owner.” In simple terms, the “bailor” gives a personal item of theirs to the “bailee” to hold in trust. Similarly, in Weber, the Court found that the valet cannot be liable for negligently entrusting the car back to its rightful owner.
The Court found that a “bailor/ bailee” relationship existed between the car’s owner and Marino Parking Systems. It used that relationship as the primary reason to rule in favor of the valet company. Essentially, the Court’s decision had more to do with legal theory and prior case law rather than simple common sense.
The Court even noted that a valet parking service could be liable for “conversion” had it not returned the car to its [intoxicated] rightful owner. The term “conversion” refers to the situation where a person exerts unauthorized use or control of another’s property to such a degree that it creates a legal obligation to compensate the aggrieved party for the unauthorized use of their property.
Too many moms, dads, sisters, brothers, family members and friends are painfully aware of the consequences of drunk driving. In rendering future decisions, the courts would be wise to put more emphasis on protection of society and our loved ones rather than outdated principles of law. In addition, Florida legislature could enact new legislation providing protection to a valet service who withholds a driver’s keys when a driver is clearly intoxicated.