Peters v. Frey
| Decision Date | 28 June 1968 |
| Citation | 429 S.W.2d 847 |
| Parties | E. S. PETERS, Appellant, v. June FREY, Appellee. |
| Court | United States State Supreme Court — District of Kentucky |
George S. Wilson, III, Wilson & Wilson, Owensboro, for appellant.
Woodward, Bartlett & McCarroll, Larry K. Harrington, McKinley & Howard, Owensboro, for appellee.
W. MAJOR GARDNER, Special Commissioner.
A truck owned by Frey Brothers Trucking and Excavating Company, and driven by Edward Lee McKinney, was involved in an accident resulting in the injury of appellant, E. S. Peters, who was a pedestrian near the scene of the accident. The accident occurred when the Frey Brothers truck failed to stop at a stop sign and collided with a truck owned by Vanover Brothers. Shortly after the accident, appellant sued Frey Brothers Trucking and Excavating Company and its driver and Vanover Brothers and its driver. That suit is still pending. The present suit is by Peters against June Frey, appellee herein, individually.
June Frey is an officer of Frey Brothers Trucking and Excavating Company, a corporation. It was his specific duty to hire drivers. He did in fact hire Edward Lee McKinney, and he was the one who assigned McKinney the duty of driving the truck at that time. McKinney was 17 years of age at the time. June Frey had the additional duty of seeing to the maintenance of the vehicles. It is this additional duty he is accused of violating with respect to the truck involved.
In his complaint appellant alleged the following grounds for recovery: (1) That June Frey was the 'person' within the meaning of KRS 186.590(3) who gave and furnished a vehicle to Edward Lee McKinney, a minor seventeen years of age; (2) that June Frey, and not the corporation, employed Edward Lee McKinney in violation of KRS 339.230(2)(d) and KRS 339.240(2), and that the alleged violation of the statutes was the proximate cause of the appellant's injuries; and (3) that June Frey was personally responsible for the maintenance of the truck driven by McKinney, that he negligently failed to carry out his duties, and that the appellant's injuries were the direct result of such negligence.
Appellee moved to dismiss the complaint for failure to state a claim upon which relief could be granted. The motion was sustained. Judgment was entered dismissing the complaint. The motion is not well taken.
KRS 186.590(3) provides in part, '* * * any person who gives or furnishes a motor vehicle to the minor shall be jointly and severally liable with the minor for damage caused by the negligence of the minor in driving the vehicle.' In Falender v. Hankins, 296 Ky. 396, 177 S.W.2d 382, it was held that this statute applies to all persons placing minors in charge of motor vehicles, regardless of ownership, with the exception of one who sells a motor vehicle to a minor. See also Asher v. Russell, Ky., 377 S.W.2d 803. By making the person liable who enables a minor to operate a motor vehicle, an additional source for the recovery of damages is provided. Sizemore v. Bailey's Adm'r, Ky., 293 S.W.2d 165....
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