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plaintiffnegligencebail
plaintiffnegligencebail

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Low v. Park Price Co., 95 Idaho 91, 503 P.2d 291, 11 UCC Rep.Serv. 1041

Facts

Dale K. Low, the plaintiff, brought his car to Highway Motor Company for repairs, which required the removal of the engine. The garage stored the car in an unfenced area, and the transmission subsequently disappeared. The garage owner informed Low that the transmission had been stolen, but the circumstances surrounding the theft were unclear. Low filed a suit for conversion and negligence after the garage denied responsibility for the loss.

Dale K. Low, the plaintiff, brought his car to Highway Motor Company for repairs, which required the removal of the engine. The garage stored the car in an unfenced area, and the transmission subsequently disappeared.

Issue

Whether the garage owner, as a bailee for hire, had the burden of proving that it exercised ordinary care in the safekeeping of the plaintiff's automobile.

Whether the garage owner, as a bailee for hire, had the burden of proving that it exercised ordinary care in the safekeeping of the plaintiff's automobile.

Rule

A bailee for hire has the burden of proving ordinary care, meaning the burden of persuasion, not merely the burden of going forward with the evidence.

A bailee for hire has the burden of proving ordinary care, meaning the burden of persuasion, not merely the burden of going forward with the evidence.

Analysis

The court analyzed the evidence presented by the garage owner regarding the customary practices of other garages in the area. It concluded that the garage's adherence to these practices did not constitute negligence as a matter of law. The court found that the plaintiff failed to introduce evidence to overcome the inference of reasonable care established by the garage owner, thus satisfying the burden of persuasion.

The court analyzed the evidence presented by the garage owner regarding the customary practices of other garages in the area.

Conclusion

The court affirmed the judgment in favor of the garage owner, concluding that the garage had proven its freedom from negligence by a preponderance of the evidence.

The court affirmed the judgment in favor of the garage owner, concluding that the garage had proven its freedom from negligence by a preponderance of the evidence.

Who won?

Highway Motor Company, dba Park Price Motors, prevailed because it successfully demonstrated that it exercised ordinary care in the safekeeping of the vehicle, and the plaintiff failed to provide evidence of negligence.

Highway Motor Company, dba Park Price Motors, prevailed because it successfully demonstrated that it exercised ordinary care in the safekeeping of the vehicle, and the plaintiff failed to provide evidence of negligence.

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