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AMI 804 Automobiles—Permitting Minor Under 18 to Drive—Failure to Sign License Application

Arkansas Supreme Court Committee On Jury Instructions-Civil

Ark. Model Jury Instr., Civil AMI 804
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 804 Automobiles—Permitting Minor Under 18 to Drive—Failure to Sign License Application
(Plaintiff) claims damages from (defendant) for a minor's [negligence] [willful misconduct] while driving a motor vehicle by causing, knowingly causing, or permitting the minor to drive a motor vehicle upon any street or highway and has the burden of proving each of five essential propositions:
First, that [he] [she] [it] has sustained damages;
Second, that (minor) was under the age of 18 at the time of the occurrence;
Third, that (defendant) [caused] [knowingly caused] or [permitted] (minor) to drive a motor vehicle upon any street or highway;
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 assumes that Ark. Code Ann. § 27-16-702(a) and (c) are applicable.
The final bracketed sentence should not be used when the case is submitted on interrogatories.
COMMENT
The governing statute was construed and applied in Vaught v. Ross, 244 Ark. 1218, 428 S.W.2d 631 (1968). In Garrison v. Funderburk, 262 Ark. 711, 716–17, 561 S.W.2d 73, 75–76 (1978), the statute was applied to impute a minor’s negligence to his parent in his parent’s action for damages to the vehicle.
If a natural parent is alive, a stepparent is not obligated to sign the minor’s license application. Jones v. Davis, 300 Ark. 130, 131, 777 S.W.2d 582, 582, opinion on reh'g, 779 S.W.2d 181 (1989).
The court, in Andrews v. Springer, held that failure to give this instruction was not error where the case was submitted on interrogatories, citing the Note on Use. 268 Ark. 646, 648, 594 S.W.2d 586, 588 (1980).
For definition of a street or highway see Ark. Code Ann. § 27-49-212(d).
End of Document