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Gorton v. Doty
Gorton v. Doty | |
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Date decided |
Facts: Doty (appellant) told the Football coach that "he might use mine [auto] if he drove it." There was an accident on the drive to Paris.
Procedural History: Lower court awarded $870 for father of victim and $5000 to son. Appealed.
Issue: Was the football coach acting as an agent of Doty when he drove the car, thereby imposing liability on Doty?
Arguments: Doty did not loan her car to the coach, but let him drive it as her agent. There were no words about loaning or borrowing the car.
Holding: Coach was Doty's agent.
Reasons: There does not need to be a K nor a business deal to indicate an agency. Doty exercised control over the coach by telling him that he couldn't let student drive.
Judgment: Affirmed
Comments: Also, the P's attorney made a comment to the jury that hinted that the D might have auto insurance, which, according to J. Budge's dissent, is clear error.