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Summary Judgment Granted - Court Finds No Liability on Defendant Father of Minor Drive who had Already Been Released

This El Paso County, Colorado motor vehicle case involved Plaintiff’s claims that the father of the alleged tortfeasor minor daughter, who had already had claims against her released by claimant, should have her claimed negligence imputed to him by the Affidavit of Liability signed by him when she got her Colorado driver’s license. The father was neither the owner of the vehicle driven by his daughter nor did he give her permission to drive the vehicle (belonging to her grandmother) and was not in the vehicle at the time of the accident. Plaintiff previously settled his claims against the minor daughter and signed a release as to all of his claims for injuries and damages arising out of the subject accident as to the minor and owners of the vehicle. We filed a Motion for Summary Judgment on behalf of the father requesting that the Court find, as a matter of law, that, because the primarily liable minor party was released by Plaintiff and because the father was not a tortfeasor, the release extinguished any imputed negligence of the daughter to the Defendant father. The Court found that, as a matter of law, the release Plaintiff signed as to the daughter’s alleged negligence discharged any potential imputed negligence liability of the Defendant father. Consequently, Defendant’s Motion for Summary Judgment was granted and the lawsuit against the father was dismissed with prejudice.