MORITZ BY AND THROUGH MORITZ v. Maack

437 N.W.2d 898, 1989 WL 24777
CourtSupreme Court of Iowa
DecidedMarch 22, 1989
Docket88-551
StatusPublished

This text of 437 N.W.2d 898 (MORITZ BY AND THROUGH MORITZ v. Maack) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
MORITZ BY AND THROUGH MORITZ v. Maack, 437 N.W.2d 898, 1989 WL 24777 (iowa 1989).

Opinion

437 N.W.2d 898 (1989)

Michaela MORITZ, By and Through her Legally Authorized Representatives, George MORITZ and Joan Moritz; George Moritz, Individually; and Joan Moritz, Individually, Appellants,
v.
Lisa MAACK, Defendant, and
Gerald Eppling, Appellee.

No. 88-551.

Supreme Court of Iowa.

March 22, 1989.

Emmanuel S. Bikakis of Bikakis, Vohs, Storm & Arneson, Sioux City, for appellants.

Timothy S. Bottaro of Kindig, Beebe, Rawlings, Nieland, Probasco & Killinger, Sioux City, for appellee.

Considered by McGIVERIN, C.J., and HARRIS, SCHULTZ, NEUMAN and ANDREASEN, JJ.

McGIVERIN, Chief Justice.

Plaintiffs George and Joan Moritz are the parents of Michaela Moritz. On September 13, 1986, Michaela was seriously injured in a one-vehicle accident while a passenger in a car operated by Lisa Maack and owned by Gerald Eppling. George and Joan, individually, and on behalf of their daughter, commenced this personal injury and consortium action against defendants Lisa Maack and Gerald Eppling due to the alleged negligence of Maack in the operation of the vehicle. Eppling filed a motion for summary judgment contending that as a matter of law he did not consent to Maack's operation of his vehicle. The district court agreed, dismissing plaintiffs' claims against Eppling. Plaintiffs appealed the district court's ruling, contending the court erred because a genuine issue of material fact existed on the issue of Eppling's consent to Maack's driving the car.

We affirm the ruling of the district court.

I. Background facts and proceedings. The underlying facts of this dispute involve the same automobile collision at issue in Moritz v. Farm Bureau Mutual Insurance Co., 434 N.W.2d 624 (Iowa 1989).

The following facts appear without substantial dispute from the summary judgment record which consisted of the pleadings, depositions, answers to interrogatories and request for admissions, and affidavits.

Gerald Eppling is the father of Brad Eppling. In September 1986, Brad was seventeen years of age and lived with his parents on a farm near Remsen, Iowa.

*899 In part compensation for Brad's work on the farm, Gerald purchased a 1986 Dodge Daytona car for Brad's use. Similar purchases were made for Gerald's older children when they were about Brad's age. Brad contributed between four and five hundred dollars or a small percentage of the purchase price of the car. He also was largely responsible for the car's maintenance and upkeep. Gerald was the sole registered titleholder for the vehicle.

Brad's access to the car was generous but not unlimited. Brad was forbidden by Gerald to allow any other person to drive the car, including his siblings. This restriction was often repeated for Brad's benefit. By Brad's own account, he was reminded approximately once a week not to allow anyone else to drive the Dodge. Despite his father's admonitions, and without his father's knowledge, Brad had in the past allowed some of his friends to drive the car. On the one occasion when his parents learned that Brad had allowed someone else to drive the car, Brad was reprimanded and denied the use of the car for several days.

On the evening of September 12, 1986, Brad drove the car to pick up some friends and visit a girlfriend at her house in LeMars. While at the girlfriend's house, a friend, Lisa Maack, asked Brad if she could borrow his car "to go riding around town." Brad informed Maack that he was not to allow anyone to drive the Dodge. Nevertheless, he furnished Maack with the keys to the car. Maack, Michaela Moritz and another girl left with the car. Later in the evening, Maack returned to ask Brad if she could take the car to Sioux Center to attend a dance. Once again, Brad gave his permission and allowed Maack to take the car.

Maack and Michaela Moritz attended the dance in Sioux Center. At approximately 1:00 in the morning, Maack and Moritz left the dance to return to LeMars. Maack was driving south on U.S. Highway 75 when the car went out of control, left the traveled portion of the road, and hit a tree. Moritz was injured in the collision.

Plaintiffs brought this action against Maack, the operator of the car, and Gerald Eppling, as the owner of the car. Plaintiffs' petition alleged Maack operated the Dodge with Eppling's "knowledge, permission and consent," making Eppling commonly liable with Maack for negligence in causing Michaela's injuries. After answer, Eppling moved for summary judgment and by supporting documentation sought to establish that his authorization to operate the Dodge was strictly and consistently limited to his son Brad. The district court ruled Eppling conclusively showed Maack's operation of the car was without Gerald Eppling's consent and granted the motion for summary judgment.

Plaintiffs appealed, contending the circumstances generated a genuine issue of material fact whether Gerald Eppling impliedly consented to Maack's operation of the car.

II. Summary judgment. Summary judgment is proper when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. Iowa R.Civ. P. 237(c). It is the moving party who must shoulder the burden of showing the nonexistence of a dispute as to a material fact. Knapp v. Simmons, 345 N.W.2d 118, 121 (Iowa 1984). Every legitimate inference that can be reasonably deduced from the evidence should be afforded the party resisting summary judgment, and a fact question is generated if reasonable minds can differ on how the issue should be resolved. Farm Bureau Mut.Ins.Co. v. Milne, 424 N.W.2d 422, 423 (Iowa 1988). While an adverse party generally cannot rest upon his pleadings against a properly supported motion, Iowa R.Civ. P. 237(e), summary judgment is still not proper if reasonable minds can draw different inferences and conclusions from the same undisputed facts. Knapp, 345 N.W.2d at 121. In this respect, summary judgment is functionally akin to a directed verdict. Id. citing Sherwood v. Nissen, 179 N.W.2d 336, 339 (Iowa 1970).

If the conflict concerns only the legal consequences flowing from undisputed facts, however, entry of summary judgment is proper. Jacobs v. Stover, 243 N.W. 2d 642, 643 (Iowa 1976). Thus, it is our *900 task on review to determine whether any genuine issues of material fact exist which would render summary judgment inappropriate and, if not, whether the district court correctly applied the law to the undisputed facts. Royce v. Hoening, 423 N.W.2d 198, 200 (Iowa 1988). See generally Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247-259, 106 S.Ct. 2505, 2509-15, 91 L.Ed.2d 202, 211-17 (1986) (construing Federal Rule of Civil Procedure 56 which is analogous to Iowa Rule of Civil Procedure 237).

III. Liability of vehicle owner for a driver's negligence. Plaintiffs' claims against Eppling, as the owner of the vehicle, are predicated upon Iowa Code section 321.493 which in part provides:

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Related

Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (Supreme Court, 1986)
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437 N.W.2d 898, 1989 WL 24777, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moritz-by-and-through-moritz-v-maack-iowa-1989.