Tuesday, November 20, 2012

Liability when a non-owner is driving.



Practice point: Proof of ownership of a motor vehicle creates a rebuttable presumption that the driver was using the vehicle with the owner's permission, express or implied.

Student note: A finding of constructive consent requires a consensual link between the negligent operator and one whose possession of the car was authorized.

Case: Fiduciary Ins. Co. of Am. v. Jackson, NY Slip Op 07200 (1st Dept. 2012).

Here is the decision.

Tomorrow’s issue: More than one proximate cause, and comparative fault.