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AMI 803 Automobiles—Responsibility of Person Signing Application of Child for Operator's Li...

Arkansas Supreme Court Committee On Jury Instructions-Civil

Ark. Model Jury Instr., Civil AMI 803
Arkansas Model Jury Instructions-Civil
November 2021 Update
Arkansas Supreme Court Committee On Jury Instructions-Civil
Chapter 8. Vicarious Liability for Acts of Minors
AMI 803 Automobiles—Responsibility of Person Signing Application of Child for Operator's License
(Plaintiff) claims damages from (defendant) for a minor's [negligence] [willful misconduct] while driving a motor vehicle where (defendant) signed the minor's application for an operator's permit or license, and (plaintiff) has the burden of proving each of five essential propositions:
First, that [he] [she] [it] has sustained damages;
Second, that (defendant) signed the application of (minor) for an [instruction permit] [learner's license] [intermediate driver's license];
Third, that (minor) was under the age of 18 at the time of the occurrence;
Fourth, that (minor) was [negligent] [engaged in willful misconduct] when driving the motor vehicle on the street or highway; and
Fifth, that such [negligence] [willful misconduct] of (minor) in the operation of the motor vehicle was a proximate cause of the [injuries] [and] [damages] sustained by (plaintiff).
[If you find from the evidence in this case that each of these propositions has been proved, then your verdict should be for (plaintiff); but if, on the other hand, you find from the evidence that any of these propositions has not been proved, then your verdict should be for (defendant).]
NOTE ON USE
This instruction is applicable when the person sought to be charged with the negligence of a minor vehicle operator actually signed the minor's application for a permit or a license.
The final bracketed sentence should not be used when the case is submitted on interrogatories.
COMMENT
This instruction is based on Ark. Code Ann. § 27-16-702(a), (b). See Garrison v. Funderburk, 262 Ark. 711, 716–17, 561 S.W.2d 73, 75–76 (1978) (statute applied to impute minor’s negligence to parent in parent’s action for damages to the vehicle).
For definition of a street or highway, see Ark. Code Ann. § 27-49-212(d).
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