Ellis
Ellis v. Community Chevrolet, Inc.
Opinion
Lead Opinion
Kaus, J.
Defendant Community Chevrolet, Inc., (“dealer”) sold a used 1955 Ford on December 29, 1959. Later that day the ear was involved in an accident. After extensive proceedings below it was held that the dealer had not properly relieved itself of its liability as owner and was vicariously responsible for the negligence of the driver under section 17150 of the Vehicle Code. Plaintiff was awarded a judgment in the sum of $1,900. The dealer appeals.
The findings of fact by the trial court are not questioned and are thus summarized:
The deal was financed by the California Bank. Pursuant to the power of attorney executed by Lewis, the dealer then caused an application for transfer of title to be executed, naming Lewis as the new registered owner and the California Bank as the new legal owner. Lewis at the time was a minor as defined by section 25 of the Civil Code.
Two hours after the ear was delivered to the Purdys it was involved in a three-ear accident. At that time it was being driven by Carroll. One other car in the accident was a Pontiac *81 driven by Sammy and the third an automobile driven by the plaintiff Ellis.