Allen v. Shows

LEHAN, Judge.

We affirm the summary judgment entered in favor of defendant truck owner in this suit for injuries which had allegedly been caused to plaintiff by the driver of the truck.

The record before the trial court at the summary judgment hearing established that at the time of the accident the truck was being driven without defendant’s consent and, in fact, contrary to his specific orders. Thus, contrary to plaintiff’s contention, both express and implied consent of an owner, either of which is required in this kind of case for vicarious liability of *1305the owner, are lacking. See Pearson v.…