Legal Question in Civil Litigation in New York

Re: Parents of 20 year old son who is in the reserves

Based upon the limited information contained in your question, it would appear that you are not liable for the acts of your adult son. Had he been under 18 years of age you might have been liable under New York General Obligations Law for damages up to a maximum amount of $5,000.00. Had you owned the car, or if it was titled in your name, you could have been held responsible under New York State Vehicle & Traffic Law. But since neither of these circumstances exist, it would be difficult for anyone to hold you responsible for your sons conduct. They might try to claim that you were somehow "neglient" but it would be a very difficult claim to maintain against you. Should you wish to discuss this matter further, please feel free to contact me for a free consultation. Very truly yours, Andrew J. Campanelli

Re: Parents of 20 year old son who is in the reserves

The facts in the case of Fisher v. Lunt (162 A.D.2d 1016; 557 N.Y.S.2d 226) closely resembles the facts of your case. The court wrote the following:

"Memorandum: On October 22, 1987, plaintiff sustained personal injuries while a passenger in a vehicle owned and operated by Thomas Edwards. Plaintiff alleges that Edwards' vehicle was forced off the road and into a bridge abutment by a vehicle owned and operated by Bradley Lunt, the twenty year old son of defendant Thomas Lunt. The vehicle was registered in Bradley Lunt's name, he was the named insured under an [*221] automobile insurance policy, he held a valid New York State operator's license and only he possessed the keys to the vehicle. Plaintiff asserts a cause of action against Thomas Lunt for negligent entrustment of a dangerous instrument to his son (see, Nolechek v Gesuale, 46 NY2d 332, 336). Supreme Court granted Thomas Lunt's motion for summary judgment dismissing the complaint and cross-claims asserted against him. We affirm. Bradley Lunt, on the date of the accident, [**2] was no longer an infant; he had attained his majority (see, CPLR 105[j]). Thomas Lunt cannot be liable to third parties under a theory of negligent entrustment of a dangerous instrumentality in the hands of his adult son (see, Nolechek v Gesuale, supra, at 338). Moreover, the record establishes that Bradley Lunt's use of the vehicle was not subject to his parent's control (see, Camillone v Popham, AD2d [decided Jan. 29, 1990]; Borregine v Klang, 144 AD2d 415; Larsen v Heitmann, 133 AD2d 533, lv denied 70 NY2d 616)."

Based on your facts and the prevailing law, I believe that you cannot be held responsible for your adult son's actions.

Re: Parents of 20 year old son who is in the reserves

I received your post on 10-31-2000.

It appears from the limited facts that he was driving that was not yours. Accordingly, it does not appear that his parents (you) could be held liable. That does not mean that you cannot be sued. Anyone can be sued for any reason, or for no reason at all.

Additionally, how you son obtained possession of the vehicle is also very important and from your description, this cannot be determined.

Please feel free to contact me directly for any other questions and ...

Good Luck

RRG