A case in America has attracted my attention, it revolves around a car which was stolen and then recovered by the authorities. It has been claimed that a FBI officer went for a joy ride in a sports car with a federal prosecutor, the FBI officer then crashed the car.
A judge (Avern Cohn) in America has ruled that the government can not be sued for the loss of the car. I hold the view that the judge was wrong. The FBI staff member driving the car did not take the reasonable care which I think a “reasonable man” would take with the property of another person.
If the car had been stored in a warehouse (taking all reasonable care) which then caught fire and thus destroyed the car then I would be more sympathetic towards the FBI, but as the reasonable man would not take a sports car (without permission of the keeper) and then go for a high speed spin in the car then I think that the FBI should pay for all the damages associated with the loss of the car.
I would like to invite any lawyers reading this blog to give their thoughts on this case.