Roberts v. Auto Plan, Inc.

ALTENBERND, Judge.

James and Marilyn Roberts sued Auto Plan, Inc., concerning an automobile accident on December 6, 1990, in which Mr. Roberts and the couple’s son allegedly sustained permanent injuries. Their car was struck by an uninsured van, which Auto Plan had recently sold to Steven and Mabel Stewart. The plaintiffs’ complaint alleged that the sale was not a bona fide sale and that Auto Plan should be legally responsible for the use of the vehicle under the dangerous instrumentality doctrine. The trial court granted summary judgment in favor of Auto Plan on the basis that beneficial…