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JOHNSON v. JOHNSON6/18/1997
Iowa Code section 321G.18 (1993) provides that " he owner and operator of an all-terrain vehicle . . . is liable for any injury or damage occasioned by the negligent operation of the all-terrain vehicle. . . ." This personal injury action was brought for the death of one child and the injury of another resulting from the negligence of an all-terrain vehicle operator. The district court instructed the jury that the all-terrain vehicle owner's liability was limited by the consent provisions of Iowa Code section 321.493. The jury found that the owner was not liable because the operator exceeded the consent limitation the owner imposed on the use of the all-terrain vehicle. On appeal the plaintiffs contend the district court erred in limiting the owner's liability through the consent provisions of section 321.493. We agree and reverse and remand for a new trial.
Marvin B. Johnson purchased an all-terrain vehicle (ATV) on August 2, 1993. The next day, Johnson allowed his twelve-year-old son, Dallas, to operate the vehicle. Although the evidence was conflicting, the jury [564 NW2d Page 416]
could find that Marvin limited his consent to his son's use of the vehicle in their yard or in a school yard across the road from their home. Two of Dallas' friends, Ryan Johnson and Cory Trenary, rode with Dallas as passengers on the ATV. Several miles away from his home, Dallas was unable to complete a turn at an intersection, and the ATV turned over into a ditch. Ryan was killed and Cory was injured.
Ryan's parents and Cory's parents sued Marvin. They alleged that Marvin, as the owner of the ATV, was liable for the accident and therefore liable for Ryan's death and Cory's injuries.
The plaintiffs submitted a proposed marshalling instruction that in essence imposed liability for Dallas' negligence on Marvin as the owner of the ATV. The plaintiffs' proposed instructions made no mention of Iowa Code section 321.493, which makes the owner of a motor vehicle liable for the negligence of the driver when the vehicle is driven with the consent of the owner. The plaintiffs interpreted Iowa Code section 321G.18, regarding ATVs, as imposing liability on the owner for the negligent operation of the vehicle regardless of section 321.493.
The district court saw the issue differently and over the plaintiffs' objections gave the following jury instructions:
Instruction No. 21
Plaintiffs claim that defendant, Marvin Johnson, was negligent as the owner of the ATV. When damage is done by an ATV by reason of the negligent operation of the ATV by the owner or the operator, the owner is liable for any injury or damage caused. (This is the relevant portion of the plaintiffs' proposed marshalling instruction.)
Instruction No. 23
In all cases where damage is done by any ATV by reason of negligence of the driver, and driven with the consent of the owner, the owner of the ATV shall be liable for such damage.
Consent of the owner may be express or implied from the circumstances involved. Consent of the owner may also be reasonably conditioned or restricted to time, or place, or purpose.
Instruction No. 24
If you find that Dallas Johnson was given consent to drive the ATV on August 3, 1993, only in the Johnson yard or the school yard across the street, then Marvin Johnson, as owner of the ATV, may not be exposed to liability for Dallas Johnson's negligence if Dallas Johnson operated the ATV beyond the limited consent granted him.
In giving instructions 23 and 24, the court relied on Briner v. Hyslop, 337 N.W.2d 858, 870 (Iowa 1983). Briner holds that an owner of a motor vehicle ma
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