Ellish v. Airport Parking Company of America, Inc.
Nature of the Case
This case involved a dispute over a missing car.
Facts
Ellish (P) parked her car in a lot operated by Airport Parking Company of America, Inc. (D). A license agreement contract was printed on the ticket she received upon entering the lot. The license agreement informed the holder that the lot was not attended and that parking in the lot was at the owner’s risk. The lot was patrolled by Port of New York Authority Police and the defendant’s employees were present to make certain cashiers collected the proper amounts for each car when it left the lot.
When Ellish returned 5 days later her car was missing. Ellish brought suit and the defendant testified at trial that the company had no knowledge concerning the disappearance of the car. The trial court held that the transaction was a bailment and granted judgment for Ellish. On appeal the court held that no bailment was created and reversed. Ellish appealed.
Issue
- Is the retention of custody an essential element of a bailment?
Holding and Rule of Law
- Yes. Retention of custody is an essential element of a bailment.
Ellish retained control over her car because she locked it and kept the keys. The transaction was of a temporary nature in that the defendant provided a service in allowing Ellish to occupy space in its lot for a period of time. Ellish was not treated differently than other customers and the actual operation of such an enterprise must have been completely apparent in that thousands of cars were constantly entering and leaving. Ellish did not give custody of her car to the defendant. In the absence of any proof of neglect the defendant is not liable for the loss of the car under these circumstances.
Disposition
Affirmed.
Dissent (Shapiro)
Ellish did not obtain a license merely to occupy space in the lot. There was no other place to park her car and she was a captive customer of the defendant. The basic relationship between vendor and patron in regard to the issue of bailment remains the same so long as the owner of the lot maintains dominion over the cars parked on the lot and that they will not be returned until the fees are paid in full.