View opinion on Lexis Advance[O]nly a master-servant relationship or a finding of a joint enterprise to the text of the note will justify an imputation of contributory negligence.
Torts II, Pages 728–730
Smalich v. Westfall
Supreme Court of Pennsylvania, 1970
Facts:
Smalich was killed in an accident between her own vehicle, being driven by Westfall, and that of Blank. Smalich's estate sued both Westfall and Blank in both a wrongful death action and a survival action.
Procedural History:
Jury found that Westfall's negligent operation of Smalich's vehicle was a proximate cause of the collision. The court ruled that Westfall's contributory negligence must be imputed to Smalich as owner of the vehicle, precluding recovery against Blank.
Issue:
Is the owner of a vehicle liable for the negligence of the driver thereof when the owner is a passenger?
Rule:
Page 729, Top
Reasoning:
It is unlikely that an owner-passenger and driver would agree that the owner reserves a right to control the physical details of the driving. Such a relationship would only be one of agency then, not a master-servant relationship.
Holding:
No, the owner of a vehicle is not liable for the negligence of a driver thereof while the owner is a passenger. Judgment vacated. Remanded for judgment for plaintiff against Blank.
Concurring Opinion:
: A passenger cannot safely exercise operation control over a vehicle he is riding in, even if he is the owner. It is also not justified to impute contributory negligence to an owner just because the driver's negligence was imputed.