Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Gaither v. Sanders

The evidence established the parents' liability under the family purpose doctrine for their son's alleged negligence while driving their van.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Archie Glenn Sanders sued Barry Gaither for injuries sustained when Sanders hit the van Barry was driving, and sued Barry’s parents, Larry and Lillie Gaither, pursuant to the family purpose doctrine. The trial court granted Sanders’ motion for partial summary judgment against the parents, finding they were liable under the family purpose doctrine, and the Gaithers appeal. Finding no error, we affirm. On appeal we review the trial court’s grant of summary judgment de novo to determine whether the evidence, viewed in the light most favorable to the nonmoving party, demonstrates a genuine issue of material fact. Summary judgment is proper only when no issue of material fact exists and the moving party is entitled to judgment as a matter of law. Preferred Real Estate Equities v. Housing Systems , 248 Ga. App. 745 548 SE2d 646 2001.

Larry Gaither testified at deposition that Barry, who was 20 when the collision occurred, had been the primary driver of the van since he was 17. Barry drove the van to college, to work, and for recreational purposes, and did not need to ask permission to use the vehicle. The van was titled in his parents’ name, his father paid the insurance, and Barry serviced the van with help from his father as needed. His parents also used the van periodically as needed, and Larry Gaither testified that he had discretion to suspend his son’s driving privileges, although he had never actually done so. Lillie Gaither testified that after the collision, the Gaithers sold the van to a salvage yard and the parents retained the proceeds.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
Southeastern Legal Awards 2025
May 01, 2025
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
ThinkAdvisor LUMINARIES Awards 2024
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More
Complex Claims & Litigation Forum 2025
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More
Go to Events Go to Webcasts
LAND USE ATTORNEY - WESTPORT-CONNECTICUT

Berchem Moses PC, a prominent Connecticut law firm with offices in Milford and Westport, is actively recruiting candidates for the following...


Apply Now ›
Litigation Associate Attorney

Berchem Moses PC, a prominent Connecticut law firm with offices in Milford and Westport, is actively recruiting candidates for the following...


Apply Now ›
Labor and Employment Attorney-CT

Berchem Moses PC, a prominent Connecticut law firm with offices in Milford and Westport, is actively recruiting candidates for the following...


Apply Now ›
Go to Lawjobs