Shuck v. Means Sup. Ct. Of Minn.,

302 Minn. 93, 226 N.W.2d 285 (1974)

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Nature of the Case

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Facts

D leased a car to Codling. Codling allowed it to be driven by Means who was 18. Means collided with an automobile in which P was a passenger. Means was uninsured at the time of the accident, and the parties later stipulated that he had been negligent. Codling signed a standard form rental agreement which provided that persons under 21 years of age were not allowed to operate the vehicle. In its answer to P's complaint, D denied that its vehicle was being used with permission, and alleged that its possession by Means was obtained by fraud through a conspiracy between Means and Codling. And in a cross-claim against Means, D alleged that Means, who could not himself obtain a vehicle from D because of his age, conspired with Codling to have the latter obtain the vehicle ostensibly for his own use but in fact for the use of Means. There was no proof to support a finding of fraud. The Minnesota owner consent statute reads, 'if a motor vehicle shall be operated upon any public street or highway of this state, by any person other than the owner, with the consent of the owner, express or implied, the operator thereof shall in case of accident, be deemed the agent of the owner of such motor vehicle in the operation thereof.' Judgment was given to P. D appealed.