Fancy restaurant and gave their car keys to valet driver

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Question

E. Denise and Jeremy drove to a fancy restaurant and gave their car keys to the valet driver. They went inside to eat, and the valet driver drove the car into the parking garage to an open spot. Later, the valet moved the car to a better lit spot. He was smoking while inside the car. The cigarette accidentally fell on the seat and burned it a little. The couple later returned, got into the car, and left for home. They smelled the cigarette and called the valet service to complain, as they were both non-smokers. The reported the damage to the seat. The manager asked the driver and the driver said he moved the car to a better lit spot. The manager checked the security camera and realized the driver did move it to a better lit spot. What if anything can the valet driver be charged with any why or why not?

Reference no: EM133577380

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