VAN ZWOL v. BRANON

No. 88-793.

440 N.W.2d 589 (1989)

Richard VAN ZWOL and American Family Insurance Company, Appellants, v. Daniel Todd BRANON and Richard Allen, Defendants, and Louie Vajgrt, Appellee.

Supreme Court of Iowa.

May 17, 1989.


Attorney(s) appearing for the Case

Michael J. Moon of Cartwright, Druker & Ryden, Marshalltown, for appellants.

William J. Lorenz of Welp, Harrison, Brennecke & Moore, Marshalltown, for appellee.

Considered by McGIVERIN, C.J., and SCHULTZ, CARTER, LAVORATO, and NEUMAN, JJ.


SCHULTZ, Justice.

In this appeal we must re-examine our motor vehicle owner liability statute, Iowa Code section 321.493 (1983). This section specifically places liability on the owner for damages caused by a negligent driver when the vehicle "is driven with the consent of the owner." In determining implied consent under this section, we must decide whether the act of an owner loaning a vehicle without restriction vests the permittee with the same authority as the...

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