Green v. Harris5/20/2003
This cause concerns the liability of parents who provide a vehicle to their child, when they allegedly either knew or should have known that the child was an incompetent, careless, and reckless driver. The appellant, Lita Kay Green (Green), filed this negligent entrustment action against the appellees, Johnny Paul Harris and Lisa L. Harris (Harrises/parents/father/mother) after she was involved in an automobile accident with the Harrises' son, Casey John Harris (Harris/son), who was seventeen and a half at the time of the accident.
The son received his driver's license in March of 1997, and his parents provided him with a Chevrolet Camaro to drive. By June 27, 1997, Harris received his first speeding ticket. One month later, on July 27, 1997, the son received citations for driving under the influence of alcohol (DUI), driving left of center within 100 feet of an intersection, and failing to stop at a stop sign. Harris' driver's license was revoked on August 26, 1997. After the license was revoked, the parents sold the Camaro.
On December 10, 1997, Harris was given notice that, effective January 9, 1998, his driver's license would be cancelled because he had dropped out of school. Harris did not get his license reinstated until September 4, 1998. By October 6, 1998, Harris was back on the road, this time driving a Ford Mustang. The record indicates that the parents essentially provided the car for the son. The title of the car and the financing papers were in the father's name, although he insists that the son worked for him and made the payments. The mother indicated that the son worked for the father, but she really didn't know what he did or how much he was paid.
The son got another speeding citation on October 30, 1998. Less than two months later, on December 9, 1998, Harris was involved in the accident which gave rise to this lawsuit. The accident occurred when Green and her minor daughter were stopped behind a stop sign at the intersection of a county road known as Old U.S. Highway 69 just outside of Durant, Oklahoma. According to the police report, Harris was traveling approximately 93 miles an hour when he lost control of the car, skidded off the highway, and struck Green's vehicle in the front and left side.*fn1 The posted legal speed limit where the accident occurred was 45 miles per hour.
In an attempt to recover for the injuries she received in the accident, Green filed a lawsuit against Harris and his parents on May 22, 2000. She alleged that: 1) the son's intentional and wilful misconduct, gross negligence, negligence, reckless, malicious, wanton and careless actions were the cause of the accident and her injuries; and 2) because the parents, as legal and/or beneficial owners of the car, unlawfully and negligently entrusted the vehicle to their son, they were also liable. The parents moved for summary judgment on April 18, 2001.*fn2 They argued that: 1) they had no knowledge, at the time of the accident, that their son was a careless, reckless or an otherwise incompetent driver; and 2) the mother could not be held liable because the title was not in her name.
On April 8, 2002, the trial court issued a final order pursuant to 12 O.S. 2001 §994,*fn3 sustaining the parents' motion for summary judgment. Green appealed on May 6, 2002, and on December 23, 2002, the Court of Civil Appeals, in an unpublished opinion, affirmed the trial court. We granted certiorari on April 7, 2003, to determine whether the trial court erred in granting summary judgment.
BECAUSE SUFFICIENT EVIDENTIARY MATERIALS EXIST CONCERNING THE PARENTS' LIABILITY FOR NEGLIGENT ENTRUSTMENT, THE TRIAL COURT ERRED IN GRANTING SUMMARY JUDGMENT.
a. Material fact issu
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