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Hartford Insurance Co. v. Manor Inn of Bethesda Inc.6/9/1994
here I think the difficulty really is. You say it is a duty to identifiable persons as opposed - as you saying, it is a duty to persons who they might reasonably foresee this injury resulting.
That is the causal connection, but that - your client, your insurer was not identifiable until after he stole the car and
ran into her. So, it would have no way of warning her because they didn't know who it was.
Even the California case doesn't give liability that it is foreseeable that they know he is going to - that he stab or shoot people, and still no liability even in California they negligently release him, the psychiatrist evidently lets him go.
At this point the only exception they carved out when they have knowledge of specific, identifiable people against whom he may commit these violent acts. They have a duty to warn to those people that look out, here he comes.
And only those that are identifiable, that, that they have the previous knowledge and notice of, and that is still my understanding of what Judge Lowe was saying in the [Furr v. Spring Grove State Hospital, 53 Md. App. 474, 454 A.2d 414, cert. denied, 296 Md. 60 (1983)] case.
As to Manor Inn, the court "determined their negligence was merely passive, and they cannot be held responsible for the actions of Mr. Griffin in negligently running into somebody." It explained further:
The question, Is it foreseeable that if you leave your keys in your car that somebody with a dangerous propensity is going to come and steal the car - I don't see what difference it makes whether it occurs within a reasonable proximity of where the car was parked or it occurs a day later or five days later or one block or several blocks except an argument that may be made that if it is passive negligence, but it is a contributing factor, leaving the keys in, it is foreseeable that an unqualified driver may steal the car.
I don't see it necessarily foreseeable. It sounds more to me like you are dealing in possibilities rather than probabilities or foreseeables. But, let's assume that then if they are saying that once it is reported stolen and they have an opportunity to endeavor to get the car back, the fact that somebody after several days later runs into somebody else,
that is so far remote even from the passive negligence that there is a sensation in the violation of the statute.
I read that case to suggest the passive negligence of leaving the keys in the car is a violation of the statute that does not per se give rise to liability when the injury is caused by an intervening person who comes and negligently operates that motor vehicle.
It wouldn't make any difference whether he - if any of you did that, whether you would have the keys in the cars and that one thief steals it and runs into somebody, they would be negligent.
The car behind it is hot wired and also run in - there is no - what do the keys to the car have to do with the fact that somebody negligently operated other than make it easier for them to steal it.
In affirming, the Court of Special Appeals agreed "that, under the decision of Furr [v. Spring Grove State Hospital, 53 Md. App. 474, 454 A.2d 414, cert. denied, 296 Md. 60 (1983).], [the petitioner's] insured was not a readily identifiable victim and thus the State owed him no duty of care." 94 Md. App. at 241, 617 A.2d at 598. As to Manor Inn, it said:
When the key is left in the ignition of an unattended vehicle, the taking of that vehicle by an
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