Anderson v. Anderson ex rel. Anderson

• Decision Date: 06 April 1999
• Docket Number: No. 980251,980251
• Parties: Toni M. ANDERSON, Plaintiff, v. Derrik E. ANDERSON, by and through his parent and natural guardian, Rory ANDERSON, and Milbank Mutual Insurance Company, Defendants
• Court: North Dakota Supreme Court

Page 138

591 N.W.2d 138

1999 ND 57

Toni M. ANDERSON, Plaintiff, v. Derrik E. ANDERSON, by and through his parent and natural guardian, Rory ANDERSON, and Milbank Mutual Insurance Company, Defendants

No. 980251.

Supreme Court of North Dakota.

April 6, 1999.

Rehearing Denied April 27, 1999.

H. Patrick Weir, Lee Hagen Law Office, Ltd., Fargo, ND, for plaintiff.

Scott K. Porsborg (argued) and Daniel L. Hovland, Smith Bakke Hovland & Oppegard, Bismarck, ND, for defendants.

VANDE WALLE, Chief Justice.

¶1 This case raises the following certified question of law: Whether the negligence of a minor driver is imputed to an injured passenger under section 39-06-09, N.D.C.C., when the injured passenger is the parent who signed the minor driver's application for an instructional permit, in accordance with section 39-06-08, N.D.C.C. The trial court answered the question in the negative. We answer the question in the affirmative.

¶2 The statement of facts are detailed in the district court's certification order. In 1994, Toni Anderson was injured while riding as a passenger in a vehicle driven by her fourteen-year-old son, Derrik Anderson. At the time of the accident, Derrik Anderson was operating the vehicle with an instructional permit issued upon an application signed by his mother, Toni Anderson. Following the accident, Toni Anderson filed a claim with Milbank Mutual Insurance Company, the family's insurer. Milbank denied Toni Anderson's claim on the grounds section 39-06-09, N.D.C.C., imputes Derrik Anderson's negligence to Toni Anderson, barring her claim for injuries.

¶3 Toni Anderson brought suit against Derrik Anderson and Milbank. Milbank moved for summary judgment. Following a hearing, the district court denied Milbank's motion for summary judgment. The parties stipulated to the remaining factual issues and an order certifying the above issue was filed under N.D.C.C. § 32-24-02 and Rule 47, N.D.R.App.P.

¶4 Our answer to the certified question and the outcome of this case are dependent upon our interpretation of N.D.C.C. § 39-06-09. As we stated in Rydberg v. Johnson, 1998 ND 160, p 6, 583 N.W.2d 631, statutory interpretation is a question of law. In construing a statute, our duty is to ascertain the intent of the legislature. See, e.g., Singha v. State Bd. of Medical Examiners, 1998 ND 42, p 16, 574 N.W.2d 838. To ascertain the legislative intent, we look first to the language of the statute as a whole. Id. We construe a statute's words in their plain, ordinary and commonly understood sense. Id.; N.D.C.C. § 1-02-02. If a statute's language is clear and unambiguous, we do not disregard that language under the pretext of pursuing the legislative intent, N.D.C.C. § 1-02-05, because the intent is presumed clear from the face of the statute. Id. However, if the statutory language is ambiguous, or if adherence to the strict letter of the statute produces an absurd or ludicrous result, N.D.C.C. § 1-02-38(3), we may use extrinsic aids to interpret the statute. Id.

¶5 Toni Anderson argues N.D.C.C. § 39-06-09 imputes only financial liability, not negligence, to the parent or guardian who signs a minor driver's application for an instructional permit and is not intended to bar the claims of an injured parent or guardian. She maintains this objective is shown in the language of the permit application, which states the party signing the application "assumes the financial liability for the negligent acts of the designated minor" as well as N.D.C.C. § 39-06-10.

¶6 The provision of the Century Code Milbank denied coverage under is N.D.C.C. § 39-06-09 which reads:

Any negligence of a minor when driving a motor vehicle upon a highway must be imputed to the person who has signed the application of such minor for a permit or license, which person must be jointly and severally liable with such minor for any damages caused by such negligence, except as otherwise provided in section 39-06-10.

Under section 39-06-10, N.D.C.C.:

If a minor deposits or there is deposited for the minor proof of financial responsibility for the operation of a motor vehicle owned by the minor, or for the operation of any motor vehicle, as required under the motor vehicle financial responsibility laws of this state, then the director may accept the application of the minor.

The signature requirement is outlined in section 39-06-08, N.D.C.C., providing:

The application of any minor for an instruction permit or operator's license must be signed and verified before a person authorized to administer oaths or the director's agent, by the father, mother, or legal guardian, or, in the event there is no parent or legal guardian, then by another responsible adult who is willing to assume the obligation imposed under this chapter upon a person signing the application of a minor.

¶7 We believe the plain language of N.D.C.C. § 39-06-09 imputes Derrik Anderson's negligence to his mother, Toni Anderson. As we emphasized in Coldwell Banker v. Meide & Son, Inc., 422 N.W.2d 375, 379 (N.D.1988), when the legislature's intent is apparent from the face of the statute, there is no room for construction and the court will follow the rule of literal interpretation in applying the words of a statute. Section 39-06-09, N.D.C.C., specifically provides that "any negligence of a minor ... must be imputed to the person who has signed the application of such minor for a permit or license ..." (emphasis added). Not only does the statute include the words "any negligence," but the statute does not contain any language limiting its scope. Furthermore, our prior cases indicate the word "any" used in a statute generally means "all" or "every" and suggests a broad and expansive meaning. See Christianson v. City of Bismarck, 476 N.W.2d 688, 690 (N.D.1991) (citing State v. Zueger, 459 N.W.2d 235 (N.D.1990)).

¶8 We recognize the issue is one of first impression in North Dakota and a split of authority has developed among jurisdictions with similar statutory provisions. Some courts have held that all negligence of a minor driver is imputed to the parent or guardian who signs the instructional driving permit. See, e.g., Garrison v. Funderburk, 262 Ark. 711, 561 S.W.2d 73 (1978); Ruiz v. Ruiz, 427 So.2d 298 (Fla.Dist.Ct.App.1983); Hartough v. Brint, 101 Ohio App. 350, 140 N.E.2d 34 (1955); McCants v. Chenault, 98 Ohio App. 529, 130 N.E.2d 382 (1954). However, other jurisdictions have held these statutes impute only financial liability, not negligence, to the parent or guardian who signs the permit application. See, e.g., Otto v. Leany, 635 P.2d 410 (Utah 1981); Phillips v. Tooele City Corp., 28 Utah 2d 223, 500 P.2d 669 (1972); Sizemore v. Bailey's Adm'r., 293 S.W.2d 165 (Ky.1956); Wenisch v. Hoffmeister, 168 Ind.App. 247, 342 N.E.2d 665 (1976). Some decisions may be distinguishable because of the statutory language. Furthermore, there are persuasive policy arguments on both sides of the issue. Compare Garrison, 561 S.W.2d at 76 (imputing a minor driver's negligence to the parent or guardian signing the instructional driving permit sanctions the adult's action of placing a potentially dangerous instrumentality in the hands of a minor while failing to impute negligence would allow the adult to escape the consequences proximately caused by his own negligence) with Stanfield v. Tilghman, 342 N.C. 389, 464 S.E.2d 294, 297 (1995) (imputing a permittee's negligent operation of a vehicle to the supervising adult would make adults less inclined to serve as supervisors over a permittee's practice driving).

¶9 Under the circumstances of this case, we need not decide which line of authority is the most persuasive because, by its terms, N.D.C.C. § 39-06-09 requires the imputation of all negligence, not solely financial liability, to the signing parent or guardian. Despite Toni Anderson's urging we follow the line of cases imputing only financial responsibility, our established rules of statutory interpretation require we not go beyond the expressed language of the statute where the legislature's intent is clear from the face of the statute.

¶10 Accordingly, we conclude the plain language of N.D.C.C. § 39-06-09 requires Derrik Anderson's negligence be imputed to his mother, Toni Anderson, who signed the permit application, barring her claim for injuries sustained in the accident.

¶11 KAPSNER, J., concurs.

SANDSTROM, Justice, concurring in the result.

¶12 Because the majority, at p 4, misstates the provisions of N.D.C.C. § 1-02-38(3), I concur in the result.

¶13 Dale V. Sandstrom

MARING, Justice, dissenting.

¶14 I respectfully dissent and would answer the certified question in the negative, concluding the parent who signed the minor driver's application for an instructional permit in accordance with N.D.C.C. § 39-06-08 is not barred by N.D.C.C. § 39-06-09 from recovery for damages sustained by the parent from the negligence of the minor driver in the operation of an automobile.

¶15 The majority is correct insofar as it recognizes the interpretation of a statute is a question of law. See Rydberg v. Johnson, 1998 ND 160, p 6, 583 N.W.2d 631. We construe statutes to ascertain the intent of the Legislature by first looking to the language of the statutes as a whole. Singha v. North Dakota State Bd. of Medical Examiners, 1998 ND 42, p 16, 574 N.W.2d 838. If the language of the statute is clear and unambiguous, the letter of the statute cannot be disregarded under the pretext of pursuing its intent. Id.; N.D.C.C. § 1-02-05. "If, however, the language of a statute is ambiguous or if adherence to the strict letter of the statue would lead to injustice or absurdity, the spirit of the law prevails over the literal meaning of the particular language of the statute for purposes of construing the statute to give effect to the legislative intent." Loney v. Grass Lake Public Sch. Dist. No. 3, 322 N.W.2d 470, 472 (N.D.1982). Moreover, we consider statutes "as a whole and in relation to other...