## Facts

- Lenore Ellish parked her automobile in a self-service parking lot at John F. Kennedy International Airport operated by Airport Parking Company of America, Inc.
- Entry was automated: she received a time-stamped ticket from a vending machine and the gate opened.
- The ticket was labeled “License to Park,” warned the lot was not attended, instructed users to lock their cars, and stated parking was at the holder’s risk; it also disclaimed responsibility for theft.
- Ellish selected the space, parked the car herself, locked it, and retained her keys; the operator did not take physical possession or move the vehicle.
- The operator maintained the lot and checked overnight cars to ensure fee collection; Port Authority police patrolled the area.
- Upon exit, drivers typically presented the ticket and paid; if a ticket was missing, the cashier required proof of ownership.
- When Ellish returned from her trip several days later, the automobile was missing; she sued for its value.
- The trial court found a bailment and awarded damages; appellate courts reversed, concluding no bailment existed.

## Issues

1. Whether a self-service airport parking arrangement in which the driver parks, locks, and keeps the keys creates a bailment or merely a license to use a parking space.
2. Whether, absent a bailment, the unexplained disappearance of the vehicle creates any presumption of negligence against the parking operator.
3. Whether the ticket’s terms describing a “license to park,” allocating risk to the customer, and disclaiming responsibility for theft affect the characterization of the relationship and liability.

## Decision

- The Appellate Division affirmed dismissal of the complaint, holding the transaction created a license to park, not a bailment.
- Because no bailment existed, the operator had no duty to redeliver the vehicle and no presumption of negligence arose from nonreturn.
- Without affirmative proof that the operator was negligent, the operator was not liable for the theft.
- The state’s highest court affirmed on the Appellate Division’s opinion.

## Legal Principles

- A bailment generally requires delivery and acceptance of possession and control by the alleged bailee, with an obligation to return the property.
- In self-service parking where the customer chooses the space, parks and locks the car, and retains the keys, the operator typically does not obtain exclusive possession or control sufficient to create a bailment.
- When no bailment is formed, the mere disappearance of the vehicle does not create a presumption of negligence; the plaintiff must prove negligence.
- Ticket terms and the observable self-service operation may support characterization of the relationship as a license to use space rather than a custodial undertaking to safeguard the vehicle.
- General lot maintenance, fee-control practices, or perimeter policing do not, by themselves, establish the exclusive dominion associated with a bailment.

## Conclusion

The court held that a self-service airport parking transaction in which the driver retains control of the vehicle is a license to park rather than a bailment, so the operator is not presumed negligent and is not liable for theft absent proof of negligent conduct.


Ellish v. Airport Parking Co. of Am., Inc., 42 A.D.2d 174 (N.Y. App. Div. 2d Dep’t 1973)