1. If Smith’s car was never recovered, would CWH be liable as a bailee for the car?
2. When a bailee takes a car as part of a bailment relationship, aren’t they also assuming liability for what is inside?

In connection with his employment, Smith drove his own car to meet with potential customers and traveled with samples of expensive jewelry which he typically kept locked in the trunk. In August 2000, while returning from a trade show, Smith stopped to get his car washed at a car wash owned and operated by Car Wash Headquarters (“CWH”). Smith left his keys with a CWH employee, watched the car as it went through the tunnel, and observed an employee driving the car a short distance to the drying area. As Smith paid the cashier, someone jumped into Smith’s vehicle and drove off. The jewelry, valued at over $850,000, was gone and was never recovered.

  • CreatedNovember 06, 2014
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