The vehicle owner brought a motion for summary judgment dismissing multiple civil actions arising from a fatal motor vehicle accident caused by her 17‑year‑old son while impaired.
The central issue was whether the son had the owner's implied consent to possess and operate the vehicle, engaging owner liability principles.
The court held that the issue of implied consent could properly be determined on summary judgment where the evidentiary record was complete and no responding party adduced evidence.
Accepting the son's consistent discovery evidence that he did not believe he had permission and had taken the vehicle without consent, the court found no implied consent on a balance of probabilities.
The actions against the vehicle owner were dismissed.
