Fulater v. Palmer's Granite Garage, Inc.

OPINION OF THE COURT

Leo F. Hayes, J.

This motion presents one question: who owned a particular truck on October 5, 1980, the day its driver was killed and plaintiffs were injured in a traffic accident? Either the truck belonged to the driver, Gary Scerbo, doing business as Chet’s Auto Glass, or it still belonged to the dealership, Palmer’s Granite Garage, Inc. (hereinafter Palmer’s) that had ordered the truck from General- Motors on behalf of Mr. Scerbo.

Plaintiffs seek a declaration that title remained with defendant Palmer’s. The facts are these: Scerbo ordered the vehicle in question through…