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COUNTRY MUT. INS. CO. v. HARTLEY

No. 1 CA-CV 02-0428.

65 P.3d 977 (2003)

204 Ariz. 596

COUNTRY MUTUAL INSURANCE COMPANY, Plaintiff-Appellant, v. Clifford Wayne HARTLEY and Judith L. Hartley, husband and wife; John A. Hartley and Jane Doe Hartley, husband and wife; Megan B. Judd; Dan and Jane Doe Judd, husband and wife and natural parents of Megan B. Judd, a minor; John J. Coffey and Jane Doe Coffey, husband and wife, Defendants-Appellees.

Court of Appeals of Arizona, Division 1, Department C.

April 3, 2003.

Attorney(s) appearing for the Case

Burke, Panzarella, Rich, By Thomas P. Burke, II, Phoenix, Attorneys for Plaintiff-Appellant.

Phillip A. Austin, Mesa, Attorney for Defendants-Appellees Hartley.

Bedford Douglass, Jr., Mesa, Attorney for Defendants-Appellees Judd.

Skousen, Skousen, Gulbrandesen & Patience P.C., By John E. Skousen, Attorneys for Defendants-Appellees Coffey.

OPINION

LANKFORD, Judge.

¶ 1 This appeal requires us to determine whether Arizona Revised Statutes ("A.R.S.") section 28-3160 (1998)1 ("section 28-3160") abrogates the common-law family purpose doctrine. We hold that the statute does not limit parental liability under the doctrine. The family purpose doctrine imposes liability on the head of a family whose vehicle is used by a family member for family purposes. In contrast...

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