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State Auto Insurance Companies v. B.N.C.7/27/2005
Argued on April 27, 2005
[ .] State Auto insured a vehicle that, while being operated by an unauthorized driver, was involved in a single car accident rendering it a total loss. After paying its insured/owner for the property loss, State Auto brought this subrogation claim against the mother of the minor who was driving the vehicle. State Auto claimed that the mother was responsible on a theory of vicarious liability and on three theories of direct negligence. The trial court rejected all claims and granted summary judgment in favor of mother. We affirm the dismissal of all claims except one asserting direct negligence. Because material issues of disputed fact exist on the claim asserting negligence in the performance of a gratuitous undertaking, we reverse and remand on that issue.
Facts and Procedural History
[ .] State Auto insured a Chevrolet Suburban owned by William Close. Close is the grandfather of the driver, B.D., and the father of B.D.'s mother, Audrey Ault. Ault is B.D.'s custodial parent. B.D. was 14 years-old at the time she was driving Close's car and had the accident.
[ .] The events leading up to this incident began when Ault stopped by Close's home to water his plants, let the cat in, and check the home while he was out of town on vacation. Ault entered the home using the key. Later that day, without Ault's knowledge, B.D. and a friend went to Close's home to go swimming in the back yard (Close's home was apparently on a lake). Sometime after arriving, B.D. also entered the home. State Auto alleges that B.D. entered the home through the back patio door that Ault had mistakenly left unlocked on her earlier visit. Although there is some dispute about the actual method of entry, we accept State Auto's version of the facts and assume that B.D. entered her grandfather's home through the door Ault had mistakenly left unlocked.
[ .] Sometime after entering the home, B.D. decided to go "to town" to pick up another friend to go swimming. Close's suburban was in the garage and B.D. knew that her grandparents kept the keys in the vehicle. Although she had no driver's license and did not have permission to drive the car, B.D. took the vehicle without incident. However, while returning to Close's home, B.D. lost control of the vehicle on a gravel road and it rolled. The suburban was a total loss.
[ .] State Auto paid Close $30,708 for the property damage to the vehicle. State Auto then brought this subrogation action against Ault and B.D. to recover the insurance benefits it had paid. The trial court granted summary judgment in favor of Ault on all theories. It concluded that Ault was not vicariously liable for her daughter. It also concluded that State Auto's three direct negligence claims were barred because Ault owed no duty to Close. State Auto appeals, questioning:
(1) Whether Ault was vicariously liable for the damages caused by her daughter under the parental liability statute, SDCL 25-5-15.
On its direct negligence claims, State Auto questions;
(2) Whether Ault had a duty to keep Close's home secured;
(3) Whether Ault had a duty to not encourage her daughter to drive; and,
(4) Whether Ault had a duty to better supervise her daughter.
Decision
[ .] Summary judgment is permitted "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." SDCL 15-6-56(c). We view the evidence most favorably to the nonmoving party and resolve all reaso
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