1. Subject to subsection 2, any negligence of a minor when driving a motor vehicle on a highway must be imputed to the individual who signed the application of the minor for an operator's license, or upon the father, mother, or legal guardian if signing authority has been temporarily transferred under section 39-06-08. This individual is jointly and severally liable with the minor for damages caused by the negligence, except as provided in section 39-06-10.
2. The negligence of a minor under subsection 1 may not be imputed to the individual who signed the application of the minor for an operator's license, or upon the father, mother, or legal guardian if signing authority temporarily has been transferred under section 39-06-08 for any injury or damage to that individual which was caused by the minor's negligence.
Notes of Decisions
Rodgers v. Freborg, 240 N.W.2d 63 (N.D. 1976).
· cites it 36× “The obligation of the sponsor is imposed by Section 39-06-09, N.D.C.C., which read in pertinent part: "39-06-09.”
McPhee v. Tufty, 2001 ND 51, 623 N.W.2d 390.
· cites it 16× “In this case, the McPhees place no reliance on N.D.C.C. § 39-06-09 to impute statutory liability to the Tuftys.”
State Farm Mut. Auto. Ins. Co. v. Gruebele, 2014 ND 105, 846 N.W.2d 745.
· cites it 16× “This Court held that “by its terms, N.D.C.C. § 39-06-09 requires the imputation of all negligence, not solely financial liability, to the signing parent or guardian.”
Dimond v. Kling, 221 N.W.2d 86 (N.D. 1974).
· cites it 2× “Under Section 39-06-09, N.D.C.C., negligence of a minor driver of a motor vehicle is imputed to the person who signed his driver’s permit or license application, which person is jointly liable with the minor for damages caused by the minor’s negligence.”
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