Bailey appeals the trial court’s grant of summary judgment based on the family purpose doctrine to Butler’s mother, Mrs. Kaplan, in his personal injury action.
Viewed in favor of Bailey, the opponent of the summary judgment motion, OCGA § 9-11-56;
Eiberger v. West,
In the summer of 1988, Butler moved to his mother’s house in Atlanta, but continued to use the vehicle exclusively for his personal errands, including going to work and to school. He did not use the vehicle for family errands.
The uncontradicted evidence established that Butler was financially responsible for the vehicle. Although the insurance was in Kaplan’s name, Butler paid all of the premiums on the policy and was listed on the policy as the only authorized driver of the vehicle. He also paid for maintenance on the vehicle and for the requisite license [tags.
Kaplan’s involvement with the vehicle was minimal. She testified that she considered the vehicle Butler’s and neither she nor her husband had driven the car since originally delivering it to Butler in learly 1988. Kaplan stated that had she wanted to use the vehicle, she Iwould have needed Butler’s permission. Just as the Kaplans did not [drive Butler’s car, Butler was not allowed to drive any of the Kaplans’ ¡Four other automobiles and was excluded from the insurance policies
In January, 1989, the collision between Bailey and Butler occurred and Bailey sued Butler for negligence and Kaplan on the basis of the family purpose doctrine.
The family purpose doctrine states that “when an automobile is maintained by the owner for the use and convenience of his family, such owner is liable for the negligence of a member of the family having authority to drive the car while it is being used for a family purpose.”
Phillips v. Dixon,
Although the four factors prescribe the parameters of the doctrine, the determinative test under the family purpose doctrine is whether the non-driving family member exerted authority and control over the vehicle. See
Finley v. Berman,
Here the family purpose doctrine is not applicable because the¡ undisputed evidence established that Kaplan did not have the requi site authority and control over Butler’s use of the vehicle. From th depositions of Kaplan and Butler, it was clear that Kaplan had n right to specify when, how, or for what purpose Butler used it. Th requisite authority over the vehicle was not established merely be cause the insurance policy and the title to the car were in Kaplan’: name. See
Finley,
supra. The uncontradicted facts showed that But ler had exclusive authority, custody and control over the vehicle. Se
Young v. Wooldridge,
Because the unrebutted evidence established that the family purpose doctrine was inapplicable, the trial court properly granted the motion for summary judgment.
Judgment affirmed.
