§40.8 Overcoming Statutory Presumption of Agency
1. Gray v. Mitsky, M2007-01414-COA-R3-CV (Tenn. Ct. App. Jul 29, 2008).
The Court's Summary:
"Following a two-vehicle collision, Cheryl L. Gray (“the plaintiff”) brought an action for damages against the other driver, Alex V. Mitsky (“Son”), and the registered owner of the other driver’s vehicle, Val P. Mitsky (“Father”). Son stipulated that he was at fault in the accident. The plaintiff alleged that Father was vicariously liable under the provisions of Tenn. Code Ann. §§ 55-10-311 and -312 (2004). Father’s motion for dismissal was denied by the trial court, and judgment was entered for the plaintiff against both Father and Son. Father appeals. We affirm." View opinion.
The Court's Summary:
"Following a two-vehicle collision, Cheryl L. Gray (“the plaintiff”) brought an action for damages against the other driver, Alex V. Mitsky (“Son”), and the registered owner of the other driver’s vehicle, Val P. Mitsky (“Father”). Son stipulated that he was at fault in the accident. The plaintiff alleged that Father was vicariously liable under the provisions of Tenn. Code Ann. §§ 55-10-311 and -312 (2004). Father’s motion for dismissal was denied by the trial court, and judgment was entered for the plaintiff against both Father and Son. Father appeals. We affirm." View opinion.