Taylor

Derrick Lewis, an employee of Roseville Toyota, Inc., was driving a car owned by Roseville Toyota on a personal errand on his lunch break when he rear-ended a car stopped at a stoplight. The driver and passenger of such car, Jason and Amy Taylor (plaintiffs), filed an action against Lewis and Roseville Toyota for personal damages resulting from the accident. A jury found by special verdict Lewis was negligent, his negligence was a substantial factor in causing harm to plaintiffs, and while Lewis was not acting within the scope of his employment, Roseville Toyota had given Lewis permission, by words or conduct, to use its car at the time of the accident. Roseville Toyota was found liable for a total of $277,662 in damages. Roseville Toyota appeals both the judgment and the trial court’s subsequent order denying its motion for judgment notwithstanding the verdict.

Roseville Toyota contends the jury’s finding of permissive use was not supported by substantial evidence, the trial court should have granted the judgment notwithstanding the verdict because of the insufficiency of the evidence, and the trial court erred in instructing the jury with plaintiff’s special jury…