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Shaffer v. Robinson9/16/1999
JUDGMENT Affirmed in part and remanded.
Appellants Earnest Robinson, Sheila Robinson and Mia Robinson, a minor, claim that Bedford Municipal Court Judge Peter J. Junkin erred in affirming and adopting the decision of Small Claims Court Magistrate Lori Acosta finding them liable to appellees Sandy Shaffer and Holly Shaffer, a minor, in the sum of $2,103.35 for property damage arising out of an auto collision. They contend that because Mia had permission to operate the Shaffer car they cannot be held liable, under R.C. 4507.07(B), for Mia's negligent operation. For the following reasons, we affirm in part and remand.
On March 30, 1998, Ms. Shaffer, as an individual and on behalf of her daughter, Holly, filed a Small Claims Court Complaint seeking $2,650.26 from the Robinson family. At the hearing before the magistrate, the following testimony was elicited. Holly formed a friendship with Mia during Summer School in 1997. On July 22, 1997, Holly drove her mother's 1991 Chevrolet Corsica and picked up Mia at her Solon, Ohio home. At some point Holly asked Mia if she would like to drive, and Mia became the driver with Holly the passenger. Between 6:00 and 7:00 p.m., while westbound on Harvard Avenue approaching Lee Road, Mia was apparently distracted by some boys attempting to get her attention and struck the rear of a stopped 1994 Bronco. There was no personal injury to anyone involved, no damage to the Bronco, but visible front-end damage to the Corsica. No police report was made.
Holly did not tell her mother of the collision for several weeks, purportedly to keep Mia and herself out of trouble. Upon learning of the accident, Mrs. Shaffer contacted Mrs. Robinson, and Mrs. Robinson denied Mia was the driver and declined a request to pay for the property damage. On October 14, 1997, Mrs. Shaffer obtained a repair estimate for the Corsica in the sum of $1,650.26 with a notation that the car might have possible brake and condensor problems. In March of 1998, when the Corsica had an odometer reading of 79,513 miles, Mrs. Shaffer paid $453.09 for replacing its front brake pads, rear brake shoes and drums, rear spring, oil filter, rear view mirror and parking lamp.
Mutajah Shussbig, the driver of the Bronco, testified that she was acquainted with Mia and following the accident she noted Mia behind the wheel of the Corsica.
Mrs. Robinson, the only defendant to appear at the hearing, disputed that her daughter had been driving the Shaffer car by producing a statement from a physician verifying Mia's presence in his office on July 22, 1997, and, further, that the first time Holly had come to the Robinson home was late July 1997. She further speculated that, because of the passage of time from the alleged date of the accident until she was notified of it by Mrs. Shaffer, some other incident may have caused damage or additional damage to the car. She later admitted Mia's responsibility but argued that Holly was equally responsible for letting Mia drive when Mrs. Robinson would not have permitted Mia to drive anyone else's car. In her final statement, Mrs. Robinson claimed Mia suffers from Attention Deficit Disorder and that was the reason Mia could not drive any family car; a fact Holly would not have known.
The magistrate found, pursuant to R.C. 4507.07(B), regardless of whether Mia had her mother's permission to operate the Shaffer car, when a parent endorses a child's operator's license application, he agrees to be responsible for any damages caused by that child's negligence in the operation of any motor vehicle. She found against all defendants, and awarded damages to the Shaffers consisting of the March 1998 repair costs and the October 19
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