The negligence of a permissive operator of an ATV who injured the owner was not imputed to the owner, and the owner is not barred from recovering related damages.

The plaintiff, the owner of an all-terrain vehicle (ATV), sued the defendants, a minor and his guardian, alleging negligent operation of the ATV by the minor and negligent entrustment by the guardian. The minor-defendant allegedly lost control of the ATV while test-driving it in contemplation of its purchase and, in doing so, struck the plaintiff with it. The defendants argued that since the ATV was used with the plaintiff's permission, the minor's negligence was attributable to the plaintiff, and, thus, he was barred from recovering under Vehicle and Traffic Law § 2411. As a matter of first impression, the court addressed the applicability of Section 2411 with respect to an ATV owner. The court in its analysis relied upon the wording of Vehicle and Traffic Law Section 388, which is substantially similar to Section 2411. The appellate court disagreed with the defendants' argument, holding that the negligence of a permissive operator of an ATV who injures the owner was not imputed to the owner, and the owner was not barred from recovering for his or her own damages.

Case Law Alert - 4th Qtr 2011