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Gaither v. Sanders

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

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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.

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