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Danforth v. Bulman11/23/2005
ANDREWS, P. J., PHIPPS and MIKELL, JJ.
Sarah Danforth sued Elizabeth Bulman and her son Aaron Bulman for injuries she sustained in a May 12, 2003 collision between her car and a car driven by Aaron Bulman. She asserted claims against Elizabeth Bulman under the family purpose and negligent entrustment doctrines. Elizabeth Bulman filed a motion for summary judgment, and the trial court granted her motion. Danforth appeals the grant of summary judgment on both claims. We affirm in part and reverse in part.
We review the trial court's grant of summary judgment under a de novo standard. Summary judgment is appropriate only when all the facts and reasonable inferences from those facts, viewed in the light most favorable to the non-moving party, show that there is no triable issue as to each essential element of the case.
1. Danforth claims that the trial court erred by granting summary judgment on her claim against Elizabeth Bulman under the family purpose doctrine. The trial court granted Elizabeth Bulman's motion for summary judgment on this claim because it concluded that she "did not retain the right to exercise authority and control over her adult son's use of the vehicle to the extent it could be concluded he was her agent."
The family purpose doctrine often has been stated as follows: "In Georgia, when an automobile is maintained by the owner for the use and convenience of his family, such owner is liable for the negligence of a member of the family having authority to drive the car while it is being used for a family purpose." For the family purpose doctrine to apply, four factors must be present: "(1) the owner of the vehicle must have given permission to a family member to drive the vehicle; (2) the vehicle's owner must have relinquished control of the vehicle to the family member; (3) the family member must be in the vehicle; and (4) the vehicle must be engaged in a family purpose."
Where the four factors are present, the doctrine "render the defendant vicariously liable if he had the right to exercise such authority and control that it may be concluded that an agency relationship existed between h and the family member with respect to the use of the vehicle." Thus, authority and control are the principal factors in determining whether liability accrues under the family purpose doctrine.
The evidence relevant to this claim includes the fact that in June 2002, Elizabeth Bulman purchased a 1999 Ford Taurus for Aaron with proceeds from his father's life insurance policy. Aaron was 18 years old at the time. She bought the car for him to drive to and from work and school and so that she would not have to drive him around. At the time of the collision, the car was registered in Elizabeth Bulman's name and titled in her name in the State of Georgia records. Elizabeth Bulman testified that she signed the title to Aaron in April or May 2003, but Aaron had no recollection of it. Elizabeth Bulman does not have possession of any documents that would show that she transferred title to Aaron. Aaron and his mother both testified that at some point she prepared a handwritten bill of sale and that Aaron gave her $1 for the car, but neither of them had the original or a copy of the writing. Insurance on the car was initially in Elizabeth Bulman's name, on the same policy as her two other cars. In April 2003, the insurance was transferred to Aaron's name and Elizabeth Bulman continued to pay for it. According to Elizabeth Bulman, Aaron was supposed to repay her for the premiums and he did give her some money toward repayment. Aaron testified that he was supposed to make the payments after the initial premium was paid by his mother, but that he never
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