Epstein v. Mediterranean Motors

In Epstein v. Mediterranean Motors, 109 AD2d 340 [2nd Dept. 1985], the defendant car owner was granted summary judgment when the vehicle stolen from his garage was involved in an accident seriously injuring two victims. The court in Epstein reasoned that the owner of a vehicle which is stolen is victimized by the thief when the thief steals his property and the owner would be doubly victimized if he were to be made the unwilling insurer of, and joint-tort-feasor with, the thief who stole his vehicle.