Fout v. Dietz

This appeal arises from a declaratory judgment holding that defendant Daniel Dietz drove defendant Ronald Bredow’s auto with Bre-dow’s implied consent at the time it was involved in an auto accident. The accident resulted in the death of plaintiff’s husband. The facts, as developed by deposition and at trial, are crucial to our determination.

Dietz had known Bredow for about one month prior to September 29, 1973, the date of the accident. Dietz was 17 years old and Bredow 20. While Dietz lived with his parents, he remained overnight at Bredow’s on prior occasions. Dietz had been residing at…