Van Zwol v. Branon

SCHULTZ, Justice.

In this appeal we must re-examine our motor vehicle owner liability statute, Iowa Code section 321.493 (1983). This section specifically places liability on the owner for damages caused by a negligent driver when the vehicle “is driven with the consent of the owner.” In determining implied consent under this section, we must decide whether the act of an owner loaning a vehicle without restriction vests the per-mittee with the same authority as the owner to select a driver as a matter of law. The trial court decided this case on the facts, holding that the plaintiffs had not…