Osner v. Boughner

In Osner v. Boughner, 180 Mich App 248; 446 NW2d 873 (1989), the owners expressly consented to the plaintiff driving their truck, and the plaintiff then expressly consented to the defendant operating the truck. Id. at 252-254, 266-267. The Court concluded that the evidence therefore raised a material question of fact regarding whether the owners impliedly consented "to letting anyone else drive their truck who had been allowed to do so by the plaintiff." Id. at 267. In passing, this Court stated: Implied consent has been defined as "that manifested by signs, actions, or facts, or by inaction or silence, which raise a presumption that the consent has been given." Black's Law Dictionary (5th ed), p 276. Id. at 266.