Bearden v. Croft

2001 UT 76, 31 P.3d 537, 428 Utah Adv. Rep. 18, 2001 Utah LEXIS 143
CourtUtah Supreme Court
DecidedAugust 21, 2001
Docket990346
StatusPublished
Cited by12 cases

This text of 2001 UT 76 (Bearden v. Croft) is published on Counsel Stack Legal Research, covering Utah Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bearden v. Croft, 2001 UT 76, 31 P.3d 537, 428 Utah Adv. Rep. 18, 2001 Utah LEXIS 143 (Utah 2001).

Opinions

HOWE, Chief Justice:

1 1 Plaintiff Cody E. Bearden appeals from a summary judgment denying him recovery from defendant Wayne E. Croft for injuries sustained in an accident caused by a minor operating a Waverunner owned by Croft.1

1 2 Plaintiff's father, Vandee Bearden, performed cement work for Croft in exchange for the use of Croft's two Waverunners. When he went to Croft's home to pick up the Waverunners, Croft began showing him how to operate them. Bearden interjected that he was not going to operate the Waverunners and that "my kids know how to operate them." Croft made no response to that remark, and nothing more was said as to who was allowed to operate them.

{8 At Deer Creek State Park, Vandee Bearden permitted his son, plaintiff Cody Bearden, who was over the age of twenty-one, to operate one of the Waverunners and Brian Golsan, a thirteen-year-old friend, to operate the other Waverunner. Golsan ran his Waverunner into plaintiff, who sustained a broken hip. Plaintiff subsequently brought this action against Golsan and Croft. The Hability claim against Croft was based on his status as the owner of the Waverunner. Seetion 73-18-18 of the Utah Code makes the owner of a watercraft vicariously liable for the negligence of a minor operating it with the express or implied permission of the owner.

T4 Croft moved for summary judgment against plaintiff Cody Bearden and also against third-party defendant Vandee Bear-den for indemnification. The trial court denied the motion. However, four days before trial, the judge, sum sponte, reconsidered Croft's motion for summary judgment, vacated his previous order, and granted the motion. In its order of dismissal, the court held that "(als a matter of law, Croft did not give Golsan express or implied consent or permission to operate the Waverunners so as to impose liability against Croft under Utah Code Ann. § 73-18-18." The judge explained that section 78-18-18 "does not go far enough to cover a third party such as Mr. Golsan is in this matter."

STANDARD OF REVIEW

15 Summary judgment is granted only when "there is no genuine issue as to any material fact" and "the moving party is entitled to a judgment as a matter of law." Utah R. Civ. P. 56(c). In reviewing a grant of summary judgment, an appellate court views "the facts in a light most favorable to the losing party below" and gives "no deference to the trial court's conclusions of law: those conclusions are reviewed for correctness." Blue Cross & Blue Shield v. State, 779 P.2d 634, 636-37 (Utah 1989). Correctness is also the standard for review of questions of statutory interpretation. See Stephens v. Bonneville Travel, Inc., 935 P.2d 518, 519 (Utah 1997).

ANALYSIS

16 Plaintiff's action against Croft is based on section 73-18-18 of the Utah Code, which provides:

The owner of a vessel shall be liable for any injury or damage occasioned by the negligent operation of such vessel, by a minor under the age of 18 years operating such vessel with the express or implied [539]*539consent of the owner, whether under the laws of this state or by neglecting to observe such ordinary care and such operation as the rules of common law require.

Utah Code Ann. § 78-18-18-(1989).

17 We note at the outset that the statute, which imposes liability on the owner of a vessel for its negligent operation by a minor operating it with the express or implied consent of the owner, is identical in purpose and similar in wording to section 58-3-212(1) of the Utah Code. The latter statute imposes Hability upon the owner of a motor vehicle for the negligent operation of it by a minor when the owner has caused or knowingly permitted the minor to operate it. We have decided a number of cases under section 53-3-212(1), and reference to that statute and those cases is therefore helpful in our analysis here. At least one other state in interpreting its owner-consent boating statute has looked to its statute imposing vicarious liability on automobile owners for negligent use by minors. See Gunn v. Booker, 259 Ga. 343, 381 S.E.2d 286, 288-89 (1989). Although not important to our analysis here, the two Utah statutes do contain some different language. Section 73-18-18 provides only for the vicarious liability of the owner of the vessel, whereas section 58-8-212(1) imposes liability on both the owner of a motor vehicle causing or knowingly permitting a minor to drive it and on any person who gives or furnishes a motor vehicle to the minor. Both persons are jointly and severally Hable with the minor for any damage caused by the negligence of the minor operator.

T8 The central question in this appeal is whether Brian Golsan was operating the Waverunner at the time of his accident with the plaintiff with the "express or implied consent" of Croft. In two cases arising under section 58-3-212(1), the automobile statute, we have had occasion to comment on the proof necessary to establish consent of the owner. In Lowder v. Holley, 120 Utah 231, 233 P.2d 350, 353 (1951), we observed that

the obvious intent of the legislature was to protect innocent third parties from the negligence of minors to whom cars are furnished or who are permitted by the owners of the cars to drive them, by holding the owners responsible therefor. In most instances, actual permission by the owner to the minor to drive the car is impossible of direct proof. It is, of course, in the interest of the owner after an accident, to deny such permission. It is not necessary, therefore, in order for a plaintiff to establish a case against an owner of a car to prove that express consent to drive the car was given to the minor. It may be implied from past conduct.

In that case, a father and truck owner testified that he had not at any time given his sixteen-year-old daughter permission to drive the truck. The daughter corroborated that refusal and testified that on the occasions when she had asked for permission, her father had refused because she did not have a driver's license. However, there was evidence that the daughter had learned to drive a car about four years previously and that she had driven the truck involved in the subject collision on a number of occasions. The truck was left at home in the driveway near the street on the day of the accident. No keys were needed to start the truck. All that was needed was to turn on the ignition switch. Two officers who investigated the accident testified that both the father and the daughter told them the father knew she drove the truck and that he allowed her to do it. Under these facts, this court held that the trial court as finder of the facts was fully justified in concluding that the daughter was driving the truck at the time of the accident with the implied consent, permission, and knowledge of her father. We observed that there was evidence that the daughter had driven the truck on a number of occasions, and it was reasonable to conclude that her father could not fail to be aware of such conduct.

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Bluebook (online)
2001 UT 76, 31 P.3d 537, 428 Utah Adv. Rep. 18, 2001 Utah LEXIS 143, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bearden-v-croft-utah-2001.