Appleton

Dr. Michael Appleton appeals from a judgment entered following the grant of a motion for summary judgment in favor of respondent Christopher Perry Waessil. We reverse.

Facts

On November 16, 1990, appellant was injured in an automobile accident caused by respondent, who was driving a vehicle owned by General Motors Corporation (GMC). That vehicle was allegedly brokered by Norm Marshall & Associates (NMA) and loaned by GMC to California Institute of the Arts. Respondent was affiliated with that latter organization and had permission to drive the vehicle.

Appellant filed an action for personal injuries, naming as defendants GMC, NMA, and respondent. Prior to serving respondent with process, appellant’s attorney dealt with GMC through its counsel, Grace, Skocypec, Cosgrove & Schirm (GSCS).

In a letter dated September 24, 1991, GSCS represented that GMC loaned the vehicle as a “courtesy car” for a stage production; that NMA did not broker the transaction; and that respondent was not an agent or employee of GMC or NMA.

Based on that information, appellant entered into a settlement. NMA was dismissed from the litigation and GMC paid appellant $15,000, the statutory maximum…