Clifton v. Zemurray

Ruffin, Judge.

Nancy Brown, individually and as next friend for Candace Clifton, a minor, sued Joseph Harper and his stepfather Samuel Zemurray III under the family purpose doctrine. In her complaint, Brown sought to recover damages allegedly sustained when Clifton was struck by a pickup truck driven by Harper. Zemurray moved for summary judgment, which the trial court granted on the ground that Zemurray did not exercise the requisite degree of authority and control over Harper’s use of the automobile for liability to attach. For reasons which follow, we reverse.

The correct standard for…