Murch v. Brown

Pope, Judge.

The sole issue in the case at bar is whether the trial court erred in denying defendant’s motion for summary judgment, implicitly finding that a genuine issue of material fact exists as to defendant’s alleged liability under the “family purpose doctrine.”

When the conditions for application of the family purpose doctrine are present, vicarious liability may be imposed upon a family member (usually the head of household) for the negligence of another family member under a fictitious agency theory. Finnocchio v. Lunsford, 129 Ga. App. 694 (2) (201 SE2d 1) (1973). “ ‘To come within…