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Broadwater v. Dorsey11/6/1995
o any person, known to the seller (or, perhaps, even if the seller does not, but should, know) to have a poor driving record, creates tortious implications for the seller. This would not necessarily be limited to parents.
I see little difference, as far as tortious implications are concerned, between transactions between parents and their adult children and commercial sales. The majority cannot be basing its opinion on the parents' right to control their child; they had no such legal right. It is based only on their right not to transfer the vehicle to anyone -- including the child. Every seller has the right not to sell.
In many rural, and, perhaps, some suburban, jurisdictions, there is wide knowledge of the driving habits of many drivers. While, as I view the tort, it has heretofore been limited in Maryland to a parent's responsibility in respect to their minor children, the majority today removes those limitations. It applies the tort based solely upon the seller's knowledge of the purchaser's driving habits. I respectfully suggest that the implications of the majority's decision may extend much further than the majority may perceive.
For the reasons I have stated, I would reverse.
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