Boomer v. Frank

OPINION

LANKFORD, Judge.

¶ 1 The principal issue presented by this appeal is whether a licensed driver accompanying a driver with only a learner’s permit has a duty to exercise reasonable care. The trial court decided that he does not, and entered summary judgment for the licensed driver, defendant Curtis Frank. We hold that as a matter of. law, the licensed driver has a duty. See generally Markowitz v. Arizona Parks Bd., 146 Ariz. 352, 354, 706 P.2d 364, 366 (1985) (whether a duty exists is a question of law).

¶ 2 The plaintiffs are the Boomer family. They were injured when their Toyota sport…