This appeal follows our grant of appellant’s application for interlocutory review of the trial court’s order denying appellant’s motion to dismiss.
Appellee was injured when the car she was driving was struck by a car owned by appellant and driven by a 15-year-old youth. Appellee filed suit against appellant, a car dealership, alleging its agents and employees were negligent in leaving the keys to appellant’s car in a place accessible to the 15-year-old. In its answer, appellant averred that the collision had occurred after the car was stolen from appellant and raised the defense of failure to state a claim. Appellant subsequently filed a motion to dismiss based on OCGA § 9-11-12 (b) (6), which motion the trial court denied.
This case is controlled by a line of cases that includes Price v. Big Creek of Ga., 191 Ga. App. 534 (
Appellee maintains that the trial court correctly denied the motion to dismiss since there was evidence that vehicles had previously
Judgment reversed.
