Taylor v. Brinkman

In Taylor v. Brinkman, 118 N.C. App. 96, 453 S.E.2d 560 (1995)(affirming summary judgment in favor of alleged owner under the family purpose doctrine), the Court held that "the owner or person with ultimate control over the vehicle" may be held liable only if the plaintiff shows that: (1) the operator was a member of the family or household of the owner or person with control and was living in such person's home; (2) that the vehicle was owned, provided and maintained for the general use, pleasure and convenience of the family; (3) that the vehicle was being so used with the express or implied consent of the owner or person in control at the time of the accident. Taylor, 118 N.C. App. at 98, 453 S.E.2d at 562, citing Byrne v. Bordeaux, 85 N.C. App. 262, 264-65, 354 S.E.2d 277, 279 (1987).