The defendant owner brought a motion for summary judgment to dismiss the plaintiff's claim and the co-defendant insurer's cross-claim against her.
The owner's son, whose license was suspended, took her vehicle without her knowledge or consent while she was sleeping and was involved in a collision.
The court applied the test for vicarious liability under the Highway Traffic Act, finding that the owner had not relinquished possession or control of the vehicle to her son.
The motion for summary judgment was granted and the claims against the owner were dismissed.
