Cook v. Nye

518 A.2d 77, 9 Conn. App. 221, 1986 Conn. App. LEXIS 1170
CourtConnecticut Appellate Court
DecidedDecember 2, 1986
Docket4332; 4333; 4334
StatusPublished
Cited by28 cases

This text of 518 A.2d 77 (Cook v. Nye) is published on Counsel Stack Legal Research, covering Connecticut Appellate Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cook v. Nye, 518 A.2d 77, 9 Conn. App. 221, 1986 Conn. App. LEXIS 1170 (Colo. Ct. App. 1986).

Opinion

Daly, J.

Alfred E. Nye, hereinafter the defendant,1 appeals from the judgments2 rendered against him, holding him jointly and severally liable with Robin B. Nye, his daughter, for damages arising out of the daughter’s negligent operation of a motor vehicle.

The daughter was operating a motor vehicle on route 66 in Middlefíeld. The vehicle she was driving collided with a car approaching from the opposite direction. These lawsuits ensued. The trial court rendered judgment for each of the plaintiffs against the daughter, and also found the defendant to be jointly and severally liable under the family car doctrine as codified in General Statutes § 52-182. The court further held that the defendant was estopped from denying agency because the vehicle was registered in his name.

The defendant, in answering the complaint, admitted owning the motor vehicle his daughter was driving.3 In addition, the court found the following facts: [223]*223The car was registered and insured in the defendant’s name, he had advanced $400 towards the purchase price of the car, and he was the cosigner on the promissory note for the unpaid balance of the purchase price of the car. At the time of the purchase, the daughter was a minor residing with her parents. Although she had reached her majority by the time of the collision, she continued to live at home. The defendant asserted that he was not the “real owner” of the car, that he did not control the car, and that it was not being used for a family purpose. He based these assertions on the fact that the daughter had repaid the $400 loan, that she alone used the car, that she maintained and serviced the vehicle with her own funds, that she had exclusive possession of the only set of keys to the car and, finally, that she never needed her father’s permission to use the car.

The trial court applied General Statutes § 52-182 to the facts. Section 52-182 provides in pertinent part: “Proof that the operator of a motor vehicle . . . was the . . . daughter of the owner shall raise a presumption that such motor vehicle . . . was being operated as a family car . . . within the scope of a general authority from the owner, and shall impose upon the defendant the burden of rebutting such presumption.” The court concluded that the defendant failed to overcome the presumption and was therefore liable under the family car doctrine. The court also concluded that the defendant was estopped from denying ownership of the motor vehicle under General Statutes § 52-183, which provides: “[i]n any civil action brought against the owner of a motor vehicle to recover damages for the negligent or reckless operation of the motor vehicle, the operator, if he is other than the owner of the motor vehicle, shall be presumed to be the agent and servant of the owner of the motor vehicle and operat[224]*224ing it in the course of his employment. The defendant shall have the burden of rebutting the presumption.”

The defendant raises two claims of error on appeal: first, that the court erred in applying the family car doctrine; and second, that the court erred in imposing liability under an agency theory, under General Statutes § 52-183.

On appeal, the function of this court is to determine whether the factual findings of the trial court are clearly erroneous, or whether the decision is otherwise erroneous in law. Practice Book § 4061 (formerly § 3060D).4 This involves a dual function. When the legal conclusions of the court are challenged, we must determine whether they are legally and logically correct. In addition, we must assess their factual support as delineated in the memorandum of decision. Similarly, when the factual basis of the court’s decision is challenged, we must determine whether the facts set forth in the memorandum of decision are supported by the evidence, or whether, in light of the evidence and the pleadings in the record as a whole, those facts are clearly erroneous. Such is the standard and scope of this court’s review of decisions of the trial court. We will not venture beyond this boundary. Pandolphe’s Auto Parts, Inc. v. Manchester, 181 Conn. 217, 221-22, 435 A.2d 24 (1980). “ ‘We cannot retry the facts or pass upon the credibility of the witnesses.’ ” Id., 220, quoting Johnson v. Flammia, 169 Conn. 491, 497, 363 A.2d 1048 (1975).

The defendant contends that there was insufficient evidence to compel application of the family car doctrine. Further, he avers that even if such application [225]*225was appropriate, the resulting presumption was squarely rebutted in that the evidence clearly established that the vehicle was not a family car. It is settled law that in an appeal based on evidentiary insufficiency “ ‘ “[w]e do not examine the record to determine whether the trier of fact could have reached a conclusion other than the one reached. Rather, we focus on the conclusion of the trial court, as well as the method by which it arrived at that conclusion, to determine whether it is legally correct and factually supported.” ’ ” In re Cynthia A., 8 Conn. App. 656, 660, 514 A.2d 360 (1986), quoting Pandolphe’s Auto Parts, Inc. v. Manchester, supra, 222.

It has long been settled in Connecticut that when a car is maintained by its owner for the “general use and convenience of his or her family,” the owner is jointly and severally liable for the negligence of a family member, who, having general authority to drive the car, uses it negligently while embarked on a family purpose, that is, for the pleasure or convenience of the family as a unit, or of an individual member of it. Thus, the right of the plaintiffs to recover rests on their ability to establish facts which render the family car doctrine applicable, and consequently, the defendant presumptively liable as the owner of such a family car. Maher v. Fahy, 112 Conn. 76, 80-81, 151 A.2d 318 (1930); see also Hunt v. Richter, 163 Conn. 84, 89, 302 A.2d 117 (1972). This rule is grounded in the belief that one who chooses to conduct his or her activities through others is nonetheless required to conduct them so that third parties are not injured by a breach of any legal duty on the part of those acting for the principal while they are acting on behalf of and within the scope of authority granted by the principal. When a member of a family maintains a car for the pleasure, use and convenience of the family, and its purposes, he or she makes such pleasure and use a personal concern, thereby making those [226]*226family members who use or enjoy the car his or her agents, as if they were pursuing the affairs of the owner. Dibble v. Wolff, 135 Conn. 428, 434, 65 A.2d 479 (1949).

Applicability of the family car doctrine is dependent upon the connection that the member of the household has with the car. He or she must own, maintain, or furnish the car, and have or exercise some degree of control over its use. 60A C.J.S., Motor Vehicle § 433 (3).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

WU CHEN v. Bernadel
922 A.2d 1142 (Connecticut Appellate Court, 2007)
Dunbar v. Mutone, No. Cv00 037 70 51 S (Oct. 24, 2002)
2002 Conn. Super. Ct. 13373 (Connecticut Superior Court, 2002)
Kabelis v. Datillo, No. Cv 990551056s (Mar. 30, 2001)
2001 Conn. Super. Ct. 4411 (Connecticut Superior Court, 2001)
Orozco v. Groll, No. Cv-00-0499892-S (Mar. 13, 2001)
2001 Conn. Super. Ct. 3551 (Connecticut Superior Court, 2001)
Galland v. Bishop, No. 088568 (Jan. 9, 2001)
2001 Conn. Super. Ct. 459 (Connecticut Superior Court, 2001)
Orlowski v. City of New Haven, No. 407894 (Sep. 25, 1998)
1998 Conn. Super. Ct. 10941 (Connecticut Superior Court, 1998)
Montefusco v. Shahhein, No. Cv97 05 77 72s (Dec. 9, 1997)
1997 Conn. Super. Ct. 13334 (Connecticut Superior Court, 1997)
Jennings v. Pflieger, No. 32 46 59 (Oct. 8, 1997)
1997 Conn. Super. Ct. 10251 (Connecticut Superior Court, 1997)
Blount v. Gaines, No. Cv 96-0385563 (Sep. 16, 1997)
1997 Conn. Super. Ct. 8928 (Connecticut Superior Court, 1997)
Budris v. Allstate Insurance
686 A.2d 533 (Connecticut Appellate Court, 1996)
Dionne v. Markie
663 A.2d 420 (Connecticut Appellate Court, 1995)
Gelormino v. Soucy, No. 0106827 (Jan. 18, 1995)
1995 Conn. Super. Ct. 752 (Connecticut Superior Court, 1995)
Krisak v. Pendagast, No. Cv 26 38 35 (Jun. 21, 1993)
1993 Conn. Super. Ct. 6083 (Connecticut Superior Court, 1993)
Ganther v. Schmid, No. Cv91 03 59 22s (Jan. 15, 1993)
1993 Conn. Super. Ct. 199 (Connecticut Superior Court, 1993)
Custis v. Carter, No. 270131 (Jun. 25, 1992)
1992 Conn. Super. Ct. 5332 (Connecticut Superior Court, 1992)
Keiper v. Monroe, No. Cv90-0374985s (Oct. 25, 1991)
1991 Conn. Super. Ct. 8313 (Connecticut Superior Court, 1991)
Malizia v. Anderson
602 A.2d 1076 (Connecticut Superior Court, 1991)
State v. Cofield
576 A.2d 156 (Connecticut Appellate Court, 1990)
State v. Siano
567 A.2d 1231 (Connecticut Appellate Court, 1989)
Lembo v. Schlesinger
543 A.2d 780 (Connecticut Appellate Court, 1988)

Cite This Page — Counsel Stack

Bluebook (online)
518 A.2d 77, 9 Conn. App. 221, 1986 Conn. App. LEXIS 1170, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cook-v-nye-connappct-1986.