Is a vehicle owner liable under former section 402 if a sub-permittee was operating the vehicle at the time of the accident?

California, United States of America


The following excerpt is from Financial Indem. Co. v. Hertz Corp., 226 Cal.App.2d 689, 38 Cal.Rptr. 249 (Cal. App. 1964):

'3 The owner of a vehicle has been held liable under former section 402 even though a sub-permittee was operating the automobile when the accident occurred contrary to the owner's express instruction to the permittee that no person other than the permittee operate the automobile. (Souza v. Corti, supra, 22 Cal.2d 454, 460-461, 139 P.2d 645 [147 A.L.R. 861]; Herbert v. Cassinelli, supra, 61 Cal.App.2d 661, 664-665, 143 P.2d 752, hear. den.)'

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