Delaney v. Burnett

Plaintiff brought suit, alleging that defendant American Rent-A-Car Company (American) was liable for injuries sustained in an automobile accident. The action was predicated on the owner’s liability statute, MCLA 257.401; MSA 9.2101. American claims that it did not consent to the operation of its car by Theresa Ann Burnett, the driver who struck plaintiff.

The trial court ruled that there was no genuine issue as to consent and that defendant American was therefore entitled to judgment as a matter of law. An order granting summary judgment was entered, GCR 1963, 117.2(3). Plaintiff appeals.

The…