Gomez v. Chao

Johnson, Chief Judge.

Kathy Gomez was driving, and David Gomez was a passenger in, a van that collided with a car driven by Don Chao. The Gomezes sued Yun Chao, Don Chao’s father, claiming he was the negligent driver of the car. Chao moved for summary judgment on the ground that he was not the driver of the car. In response to the motion, the Gomezes conceded that Yun Chao was not the driver of the car and that Don Chao was the actual driver whom they had intended to sue. However, they claimed that Yun Chao is nevertheless liable for his son’s negligence under the family purpose doctrine. The…