Davey v. Hedden

920 P.2d 420, 260 Kan. 413, 1996 Kan. LEXIS 103
CourtSupreme Court of Kansas
DecidedJuly 12, 1996
Docket73,543
StatusPublished
Cited by29 cases

This text of 920 P.2d 420 (Davey v. Hedden) is published on Counsel Stack Legal Research, covering Supreme Court of Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Davey v. Hedden, 920 P.2d 420, 260 Kan. 413, 1996 Kan. LEXIS 103 (kan 1996).

Opinions

The opinion of the court was delivered by

Davis, J.:

The issues in this case arise within the context of a personal injury action based upon negligence and negligent entrustment. The district court granted all defendants summary judgment based upon its interpretation of K.S.A. 8-222 and its further [415]*415conclusion that negligent entrustment, if it existed at all, was not the proximate cause of the plaintiff’s injuries.

Richard and Jennifer Hedden reside in Wichita with their two sons, Jeff and Jon. At the time of the accident, Jeff and Jon were high school freshmen, age 14. A married daughter, Natalie Hedden Long, age 22, lived away from the family residence. Plaintiff Jason Davey, age 15, was a high school friend of Jeff and Jon. Catherine Farnsworth, age 15, also a friend, was the driver of the car involved in the accident that injured Davey.

A week prior to the accident, Richard and Jennifer went to Hawaii on vacation. While they had previously taken vacations without their two sons, they had never before taken a trip while their sons were driving automobiles under restricted drivers’ licenses. Natalie stayed in the Hedden home while Richard and Jennifer were in Hawaii. However, Natalie was employed from 3 to 11 p.m., 4 days a week, and when she was not at the residence there was no adult supervision.

The Heddens left two vehicles at the residence, a minivan and a yellow 1973 Mercedes convertible. Both Jeff and Jon had restricted drivers’ licenses and both were allowed by their parents to drive the vehicles to and from school and to school-related activities even though driving to school activities exceeded the restrictions imposed by their licenses. See K.S.A. 8-237.

There is a controversy over whether Richard and Jennifer talked to Jon and Jeff about not letting other friends drive their cars. Neither could recall a specific instance when they did so immediately prior to the trip to Hawaii. While such an instruction may have been given, it was not given in conjunction with their departure for Hawaii.

Several friends of Jeff and Jon drove the Mercedes while Richard and Jennifer were in Hawaii. Whether this occurred with the permission of the Hedden boys is disputed. However, on the evening the accident occurred, while at another friend’s residence, plaintiff Jason Davey asked Jon Hedden for permission to drive the Mercedes so that he could put gas in the car. The plaintiff then left the residence with Catherine Farnsworth as a passenger. The plaintiff [416]*416and Farnsworth were under the age of 16 and both possessed restricted drivers’ licenses.

After leaving the house, the plaintiff pulled over and let Farnsworth drive the Mercedes. After obtaining gas, Farnsworth drove down Hidden Valley Road, a route with which she was not familiar. According to the plaintiff, Farnsworth let the right wheels fall off the side of the road, over corrected, and lost control, and the Mercedes hit a tree. The plaintiff went through the windshield and suffered severe injuries.

The plaintiff filed suit against Farnsworth, as well as against Jennifer and Richard Hedden; C.K.W., Inc., a joint corporate owner of the Mercedes; and Farmers Alliance Mutual Insurance Company (Farmers Alliance). He alleged that Farnsworth’s negligence caused his injuries. He also alleged that Richard and Jennifer Hedden, as well as C.K.W., Inc., negligently entrusted the Mercedes to the Heddens’ minor sons and that as a proximate result, he was injured. He further alleged that Jennifer and Richard Hedden were liable under K.S.A. 8-263 and K.S.A. 8-264 for permitting an unauthorized minor to drive their car. He also alleged that the Heddens and C.K.W., Inc., were liable under the provisions of K.S.A. 8-222 for permitting Farnsworth to drive the car. Finally, he claimed coverage under the uninsured motorist coverage provision of the Hedden auto policy with Farmers Alliance. He alleged that Farnsworth was uninsured and negligent in her operation of the Mercedes, that her negligence caused him damages, and that those damages were covered under the policy.

The plaintiff settled his claim against Farnsworth. As part of the settlement agreement, judgment in the amount of $277,137.43 was entered in favor of the plaintiff and against Farnsworth. However, the plaintiff agreed not to execute on assets of Farnsworth or garnish on the judgment but instead to proceed against Farmers Alliance under the uninsured motorist provision. Farmers Alliance had earlier denied coverage.

One of the main issues in this action is the application of K.S.A. 8-222, which provides:

“Every owner of a motor vehicle causing or knowingly permitting a minor under the age of sixteen years to drive such vehicle upon a highway, and any person [417]*417who gives orjumishes a motor vehicle to such minor, shall be jointly and severally liable with such minor for any damages caused by the negligence of such minor in driving such vehicle." (Emphasis added.)

The defendants filed a motioh ásking for-a resolution of the following issue of law: Whether K.S.A. 8-222 operated to-maké the plaintiff jointly and severally háble for damages cáused by Farnsworth because he furnished the car to a minor. The defendants followed this motion with a motion for-partial summary judgment. The court granted the defendants’ motion for partiál summary judgment, concluding: ' ' '< ■ • ■

“4. The words ‘any person’ as used within K.S.A. 8-222 includes minors.
“5. As a matter of law, K.S.A. 8-222 is'applicable to the plaintiff herein, Jason A. Davey. ' ’
“6. K.S.A. 8-222, applies in this casé to the extent that any negligence found on the part of Catherine Farnsworth will .also be the negligence of-Jason A. Davey.”

The defendants then filed a motion for, summary judgment, which the court granted. The court, without deciding whether there had been a negligent,entrustment, concluded on the undisputed facts: ,. ,

“[I]f there-was any negligent entrustment. on:the-part of the owners of the automobile, it was not an efficient causo of any-negligence in. this case.
“b. The negligence of the plaintiff [Jason A. Davey] and Catherine Farnsworth in and of themselves constitutes 100% of the efficient intervening cause and if is an independent intervening cause.’’’ ■ ■' •

The plaintiff raises two issues by his. appeal.

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Bluebook (online)
920 P.2d 420, 260 Kan. 413, 1996 Kan. LEXIS 103, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davey-v-hedden-kan-1996.