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Gaither v. Myers

404 F.2d 216, 131 U.S. App. D.C. 216 (1968)

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Gaither v. Myers

United States Court of Appeals for the District of Columbia Circuit

404 F.2d 216, 131 U.S. App. D.C. 216 (1968)

Facts

Charles Myers (plaintiff), a Maryland resident, was injured when his vehicle was struck by another vehicle while driving in Maryland, near the District of Columbia border. The driver of the other vehicle abandoned the vehicle after the accident. Frederick Gaither (defendant), a District of Columbia resident, was the owner of the vehicle, which was registered in the District of Columbia. Although there was no evidence that Gaither was driving the car at the time of the accident, Myers asserted a claim against Gaither in District of Columbia court, contending that Gaither had left the keys in the vehicle in the District of Columbia, allowing the vehicle to be stolen by a thief who ultimately collided with Myers. Such facts would have allowed recovery under District of Columbia law but not under Maryland law. The trial court granted a directed verdict in favor of Gaither. The court of appeals reversed and remanded for a new trial.

Rule of Law

Issue

Holding and Reasoning (Leventhal, J.)

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