Johnson v. United States Fidelity & Guaranty Co.

In my view there is a question of fact as to the scope of the permission which Duvall gave Stacy. Stacy’s testimony reflects his belief that he was operating the vehicle beyond the permission given him:

Q. Tom, how did you feel about using the Kallerson vehicle the night of the accident. Did you feel you had a right to use it for whatever you wanted on that evening?

A. Well, no not really. .

Q. Do you feel that Russ Duvall would have minded you using it on that evening if he had known you were going to?

A. He might have, yeah.

Q. And what makes you say that?

A. Well he is — I don’t know — he is…