284 So. 2d 559 | La. | 1973
Lead Opinion
This is a suit by a mother, Mrs. Leda Sumner Hartman, for the wrongful death of her daughter, Patricia Sue Sumner, while a passenger in an automobile driven by her other daughter, Julie Sumner. Made defendants were Allstate Insurance Company, the liability insurer of the automobile which her daughter was driving, and the driver of the other vehicle, Willie Henry Dunn. The trial court rendered judgment in favor of defendants, dismissing the claim of plaintiff. The Court of Appeal affirmed.
The facts are generally not in dispute.
On the date of the accident (September 1, 1968), Mrs. Leda Sumner Hartman was married to Ralph W. Hartman. Julie Sumner and Patricia Sue Sumner were children of a previous marriage of Mrs. Hartman and resided with her and their step-father in Loranger, Louisiana.
The trial court and the Court of Appeal concluded that the accident was caused by the negligence of Julie and dismissed the suit against defendant Dunn. This finding is not contested and we find the record supports such a conclusion. The courts below also denied Mrs. Hartman’s claim against Allstate on the ground that the violation of R.S. 32:416, which prohibits a person from allowing her daughter under the age of fifteen years to drive a motor vehicle, constitutes negligence on her part sufficient to defeat her claim. Accordingly, her claim against Allstate was likewise dismissed.
The only issue presented for our consideration is whether Mrs. Hartman’s claim for the wrongful death of her daughter against Allstate Insurance Company should be barred by her own negligence in permitting her unlicensed fourteen-year-old daughter to drive a motor vehicle in violation of R.S. 32:416. Under the facts and circumstances of this case, we conclude that her negligence does bar such recovery. Pertinent to her neglience is the following statutory provision:
R.S. 32:416
“No person shall cause or knowingly permit his child or ward, under the age of fifteen years, to drive a motor vehicle, except a power cycle, and under the age of fourteen years, to drive a power cycle, upon any highway.”
While a criminal statute is not necessarily definitive of civil liability, it is certainly a guideline to which the court may resort to establish the proper standard of care for assigning civil liability. The legislature clearly intended by this statute to avoid the risks inherent in the use of a motor vehicle on the highway by persons under the age prescribed by the statute who might lack the necessary maturity, judgment and competence.
The record is clear that Mrs. Hartman had actual knowledge of her daughter’s carelessness and incompetence in the operation of a motor vehicle. The evidence bears out this conclusion. While Julie had been driving since she was twelve years old, she had only been driving without adult supervision some two months prior to
We conclude that Mrs. Hartman had actual knowledge of Julie’s carelessness and incompetence to drive a motor vehicle on the highway. We further find that Julie’s negligence was the result of her lack of care and competence in the operation of the motor vehicle. Therefore, permitting Julie to use the station wagon under these circumstances constituted negligence on the part of Mrs. Hartman which was unquestionably a contributing cause of the accident. Accordingly, her claim must be denied.
For the reasons assigned, we affirm the judgment of the Court of Appeal dismissing plaintiff’s suit.
Concurrence Opinion
(concurring).
I find that the mother pleading the death claim for her daughter was independently negligent so as to bar her recovery. However, I am not or the opinion that violation of R.S. 32:416 establishes that negligence. That statute is broader in intent and purpose than to impose negligence upon a party for its mere violation.
I respectfully concur in the result.