Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Garrison v. Al Aquino

Court of Appeals of Arkansas, Division II

May 24, 2017

SUE GARRISON APPELLANT
v.
AL AQUINO APPELLEE

         APPEAL FROM THE CRAIGHEAD COUNTY CIRCUIT COURT, WESTERN DISTRICT [NO. 16CV-15-206] HONORABLE JOHN N. FOGLEMAN, JUDGE

          Jeff Scriber P.A., by: Jeff Scriber, for appellant.

          Laser Law Firm, by: Kevin Staten and Brian A. Brown, for appellee.

          LARRY D. VAUGHT, Judge

         Appellant Sue Garrison appeals the Craighead County Circuit Court's grant of appellee Al Aquino's motion for summary judgment on the issue of imputed negligence under Arkansas Code Annotated section 27-16-702. We see no error and affirm.

         In August 2013, Sue was involved in a car wreck with Austin Aquino, who was sixteen years old at the time. During the accident, Austin was driving a vehicle owned by his maternal grandmother. As a result of the wreck, Sue sustained injuries. She filed a lawsuit against Austin and his parents, Al Aquino and Carrie Wade. Al and Carrie are divorced, and Carrie has primary legal and physical custody of their three children, including Austin. Al exercises visitation but lives in Texas, while Carrie and the children live in Jonesboro. Sue's lawsuit alleged negligence against Austin and alleged that Austin's negligence was imputed to Carrie and Al pursuant to Arkansas Code Annotated section 27-16-702.

         Al moved for summary judgment, arguing that he had not signed Austin's driver's-license-application form, was not authorized under the statute to do so, and had no authority to grant or withhold permission for Austin to drive while in Carrie's custody. After a hearing, the court granted summary judgment in favor of Al, and Sue initiated this appeal.

Sue raises three points on appeal, but her first two points argue the same issue: that the court erred in interpreting section 27-16-702 as not imputing Austin's negligence to Al. The statute provides, in pertinent part:
(a)(1)(A) The original application of any person under eighteen (18) years of age for an instruction permit, a learner's license, an intermediate driver's license, or a motor-driven cycle or motorcycle license shall be signed and verified before a person authorized to administer oaths by either the father or mother of the applicant, if either is living and has custody.
. . . .
(b)(1) Except as provided under subdivision (b)(2) of this section, any negligence or willful misconduct of a minor under eighteen (18) years of age when driving a motor vehicle upon a highway shall be imputed to the person who signed the application of the minor for a permit or license, regardless of whether the person who signed was authorized to sign under subsection (a) of this section, which person shall be liable with the minor for any damages caused by the negligence or willful misconduct.
. . . .
(c)(1) If any person who is required or authorized by subsection (a) of this section to sign the application of a minor in the manner therein provided shall cause, or knowingly cause, or permit his or her child or ward or employee under eighteen (18) years of age to drive a motor vehicle upon any highway, then any negligence or willful misconduct of the minor shall be imputed to this person, and ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.