BUFFALO, N.Y. (WKBW) — Can the owners of a stolen vehicle used in a crime be held liable in a civil case?
That's what's being argued in two civil lawsuits filed in the New York State Supreme Court against the owners of the stolen vehicle that hit Cheektowaga Police Officer Troy Blackchief causing severe injuries.
What you need to know:
- On February 6, 2023, Officer Troy Blackchief was hit by a vehicle during a police chase
- In May of 2024, Blackchief and his wife filed lawsuits against the driver and the car's owner, as well as the Depew Police Department
- On December 5, 2024, the driver, Patrick Primm III was sentenced to five years in prison
- Recently, 7 News learned that The Town of Cheektowaga is suing Primm and the owners of the car that hit Blackchief in a lawsuit filed in September.
The lawsuits, filed by attorneys for the Town of Cheektowaga and the Blackchief family, claim partly that the owners of the 2015 Jeep Grand Cherokee that was stolen from their Lancaster driveway were negligent.
A police report said the owners left the vehicle unlocked in the driveway with the keys inside.
I spoke with three local legal experts to get their opinions on the case.
"I think it's a creative and novel strategy quite frankly," said former Erie County District Attorney John Flynn who is now a partner at Lippes Mathias.
Flynn said he believes lawyers for the plaintiffs in the civil suit are trying to expand what's called the "key in ignition" statute.
"This should fall under the general negligence theory, not just the key in ignition statute," said Flynn. "With the increase in the number of car thefts that are happening not only in Erie County, but nationwide, you as the homeowner, you as the owner of the vehicle, should know better based upon the car thefts that are occurring nationwide, you should know better than to leave your keys in your car, in your driveway, in open view."
Attorney and legal analyst Paul Cambria agreed with Flynn.
"Even though the operator of that vehicle might be committing a crime you basically were negligent by leaving the key in the car," said Cambria.
But attorney Florina Altshiler had a different opinion.
"These people who are the owners of the vehicle are entitled to be comfortable in their own home, to leave their vehicle in their own driveway, and if they forget to leave it unlocked that's OK,' said Altshiler. "They are not the ones committing the crime, and in fact, their vehicle shouldn't be taken from them, they are victims of a crime. They should not be held civilly liable for the damages."
State Supreme Court Justice Catherine Nugent Panepinto denied the request of the owner's attorney to dismiss the lawsuit.
The defense attorney for the owners did not return a message left for comment.
Both lawsuits are due back in local court on January 8.
