The plaintiff was seriously injured in a motor vehicle accident.
The defendant insurer, State Farm, brought a motion for summary judgment, arguing that the vehicle owner, Ms. Barrett, had given consent for the driver to possess the vehicle, making her liable under the Highway Traffic Act.
Ms. Barrett contended she did not give consent to drive, only to retrieve items from the car.
The court found a genuine issue for trial regarding whether giving keys to retrieve items constitutes "possession with consent" under the Highway Traffic Act, considering the driver's state and the owner's knowledge.
State Farm's motion for summary judgment was dismissed, and Ms. Barrett's request for summary judgment was also denied.
