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Editing Gorton v. Doty
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{{Infobox Case Brief | {{Infobox Case Brief | ||
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'''Facts''': Doty (appellant) told the Football coach that "he might use mine [auto] if he drove it." There was an accident on the drive to Paris. | |||
'''Procedural History''': Lower court awarded $870 for father of victim and $5000 to son. Appealed. | |||
'''Issue''': Was the football coach acting as an agent of Doty when he drove the car, thereby imposing liability on Doty? | |||
'''Arguments''': Doty did not loan her car to the coach, but let him drive it as her agent. There were no words about loaning or borrowing the car. | |||
'''Holding''': Coach was Doty's agent. | |||
'''Reasons''': There does not need to be a K nor a business deal to indicate an agency. Doty exercised control over the coach by telling him that he couldn't let student drive. | |||
'''Judgment''': Affirmed | |||
'''Comments''': Also, the P's attorney made a comment to the jury that hinted that the D might have auto insurance, which, according to J. Budge's dissent, is clear error. | |||
