Posted: September 7th, 2017

Dido’s Garage Inc. operates an automobile repair garage in a very secure, quiet, and rural part of the state. Pete brought his truck to Dido’s for repairs. To make repairs, Dido’s had to order a part for Pete’s truck. While waiting for the part to be delivered, Dido’s stored Pete’s truck in an unfenced area between the garage and an adjacent street. While Pete’s truck was stored there, its transmission disappeared. Dido’s never learned how the transmission was taken, never recovered it, and told Pete it had been stolen. Pete sued Dido’s for failing to use reasonable care in protecting his truck while in Dido’s custody. At trial, Dido’s owner testified that the other garages in the area regularly stored vehicles in unfenced areas. The judge should rule that:

Dido’s Garage Inc. operates an automobile repair garage in a very secure, quiet,
and rural part of the state. Pete brought his truck to Dido’s for repairs. To make repairs,
Dido’s had to order a part for Pete’s truck. While waiting for the part to be delivered,
Dido’s stored Pete’s truck in an unfenced area between the garage and an adjacent street.
While Pete’s truck was stored there, its transmission disappeared. Dido’s never learned
how the transmission was taken, never recovered it, and told Pete it had been stolen. Pete
sued Dido’s for failing to use reasonable care in protecting his truck while in Dido’s
custody. At trial, Dido’s owner testified that the other garages in the area regularly
stored vehicles in unfenced areas. The judge should rule that:
A. Because Dido’s adhered to the customary practices among garage owners in the
area, Dido’s did not breach its duty of care.
B. Because other garage owners regularly left cars in unfenced areas, their customary
practices determined what the reasonably prudent garage owner would do under
similar circumstances.
C. The fact finder could consider the customary practice of leaving cars in unfenced
areas as evidence of Dido’s reasonable behavior.
D. Customary practice should be inadmissible because leaving cars in unfenced areas
is unreasonable.