Enis
Enis v. Specialty Auto Sales
Opinion
Opinion
Rouse, J.
Plaintiff, Daisy Enis, a minor, brought this action through her guardian ad litem to recover damages for personal injuries sustained when she was struck by an automobile. Named as defendants were Louis Eddings, who was allegedly driving the car in a negligent manner at the time of the accident, and Specialty Auto Sales, Ronald Palombino and Stephen Dubose, who were allegedly liable as owners of the vehicle.
A stipulated judgment in the amount of $300,000 was entered in favor of plaintiff and against defendant Eddings, and the case then proceeded to trial against Specialty Auto Sales, Ronald Palombino and Stephen Dubose. The sole question to be determined at the trial was whether the defendants, who had sold the automobile before it collided with plaintiff, nevertheless remained liable as owners of the vehicle because of their failure to give the required notice of transfer of ownership to the Department of Motor Vehicles.
Sometime in May 1972, defendant Stephen Dubose sold a 1966 Buick Riviera to defendant Specialty Auto Sales, a car agency operated by defendant Ronald Palombino. Dubose, who was out of state at the time of the trial, did not testify, but his deposition…