Gause v. Smithers

Chief Justice TOAL:

I respectfully dissent. I would find that the facts of the instant case do not support application of the family purpose doctrine, and would reverse.

LAW/ANALYSIS

I. The Family Purpose Doctrine

In my opinion, a brief review of this Court’s family purpose doctrine jurisprudence demonstrates the doctrine’s inapplicability to this case.

*155The introduction of the motor vehicle, and inevitable accidents that followed, required the creation of new principles of law. See William W. Wilkins, Jr., The Family Purpose Doctrine, 18 S.C.L. Rev. 638, 638 (1966). One such creation, the family…