{
  "id": 1886887,
  "name": "Mark JONES, et ux. v. Barbara DAVIS, et al.",
  "name_abbreviation": "Jones v. Davis",
  "decision_date": "1989-10-09",
  "docket_number": "89-120",
  "first_page": "130",
  "last_page": "131-B",
  "citations": [
    {
      "type": "official",
      "cite": "300 Ark. 130"
    },
    {
      "type": "parallel",
      "cite": "779 S.W.2d 181"
    },
    {
      "type": "parallel",
      "cite": "777 S.W.2d 582"
    }
  ],
  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
  },
  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
  },
  "cites_to": [
    {
      "cite": "295 Ark. 603",
      "category": "reporters:state",
      "reporter": "Ark.",
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      "year": 1988,
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      ]
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    {
      "cite": "286 Ark. 170",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        8718517
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      "weight": 2,
      "year": 1985,
      "opinion_index": 0,
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        "/ark/286/0170-01"
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    {
      "cite": "Ark. Code Ann. \u00a7 27-16-702",
      "category": "laws:leg_statute",
      "reporter": "Ark. Code Ann.",
      "weight": 2,
      "year": 1987,
      "pin_cites": [
        {
          "page": "(a)(l)"
        },
        {
          "page": "(c)(1)"
        }
      ],
      "opinion_index": 0
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    {
      "cite": "Ark. Code Ann. \u00a7 27-16-702",
      "category": "laws:leg_statute",
      "reporter": "Ark. Code Ann.",
      "weight": 2,
      "year": 1987,
      "opinion_index": 1
    }
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    "sha256": "57a343b8e0e91c72803b776661007bf1e99cfe0fe1d604cb46eb7e54a024f600",
    "simhash": "1:3f5cd8004f31bb16",
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  "last_updated": "2023-07-14T15:14:13.062447+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Glaze, J., not participating."
    ],
    "parties": [
      "Mark JONES, et ux. v. Barbara DAVIS, et al."
    ],
    "opinions": [
      {
        "text": "Darrell Hickman, Justice.\nThis is a personal injury case. The only question is whether a stepfather is liable for his minor stepson\u2019s negligence in driving a vehicle. The trial judge granted summary judgment on this question holding in favor of the stepfather. We affirm.\nMark Jones, the appellant, was riding a motorcycle when he was struck by a vehicle driven by Charles A. Volpert who was seventeen years old. Volpert\u2019s mother, Barbara Davis, signed his application for a driver\u2019s license, and the car was registered in her name. She is married to Charles E. Davis, the appellee. Volpert\u2019s father is living in Pulaski County and contributes $250 per month for his son\u2019s support. Neither Volpert\u2019s father nor his stepfather, Davis, signed the application.\nThe appellants contend Charles E. Davis stood in loco parentis or in place of a parent, and was required to sign Volpert\u2019s application for a driver\u2019s license and is therefore liable for his stepson\u2019s negligence. Ark. Code Ann. \u00a7 27-16-702(a)(l) (Supp. 1987) provides:\nThe original application of any person under the age of eighteen (18) years for an instruction permit, operator\u2019s license, or motordriven cycle or motorcyle license shall be signed and verified before a person authorized to administer oaths by either the father or mother of the applicant, if either is living or has custody. In the event neither parent is living, then the application shall be signed by the person or guardian having custody or by an employer of the minor. In the event there is no guardian or employer, then the application shall be signed by any other responsible person who is willing to assume the obligations imposed under this subchapter upon a person signing the application of a minor.\nThe language in the statute clearly requires that either parent, if living, sign a minor\u2019s application for a driver\u2019s license. Only if neither parent is living is anyone else authorized to sign the application. Volpert\u2019s mother and father were living at the time he applied for his license. Therefore Volpert\u2019s stepfather was not required or authorized to sign the application and cannot be held liable under Ark. Code Ann. \u00a7 27-16-702(c)(1) (Supp. 1987).\nWords in a statute must be given their usual and ordinary meaning. If there is no ambiguity, the statute is given effect just as it reads. Chandler v. Perry-Casa Public Schools, Dist. No. 2, 286 Ark. 170, 690 S.W.2d 349 (1985). There was no genuine issue of material fact, and the trial judge correctly granted summary judgment. See Scully v. Middleton, 295 Ark. 603, 751 S.W.2d 5 (1988).\nAffirmed.\nGlaze, J., not participating.\n779 S.W.2d 181\nJames C. Baker, Jr., for appellant.\nJacob Sharp, Jr., for appellee.",
        "type": "majority",
        "author": "Darrell Hickman, Justice."
      },
      {
        "text": "SUPPLEMENTAL OPINION ON DENIAL OF REHEARING\nNOVEMBER 13, 1989\nDarrell Hickman, Justice.\nThe appellants point out that we have applied a statute, Ark. Code Ann. \u00a7 27-16-702 (Supp. 1987), which was not in effect at the time Volpert obtained his driver\u2019s license. They are correct, but our holding is not changed.\nWe should have applied Ark. Code Ann. \u00a7 27-16-702 (1987) which reads as follows:\nThe original application of any person under the age of eighteen (18) years for an instruction permit or operator\u2019s license shall be signed and verified before a person authorized to administer oaths by both the father and mother of applicant, if both are living and have custody of him, or in the event neither parent is living, then by the person or guardian having custody or by an employer of the minor, or in the event there is no guardian or employer, then by any other responsible person who is willing to assume the obligations imposed under this chapter upon a person signing the application of a minor.\nThis law provided, as does the amended version, that only if neither parent is living is anyone else required or authorized to sign the application. Since Volpert\u2019s mother and father were living at the time he applied for his license, Volpert\u2019s stepfather was not required or authorized to sign the application.",
        "type": "rehearing",
        "author": "Darrell Hickman, Justice."
      }
    ],
    "attorneys": [
      "Friday, Eldredge & Clark, by: James C. Baker, Jr., for appellant.",
      "Laser, Sharp, Mayes, Wilson, Bujford & Watts, P.A., by: Brian Allen Brown, for appellee.",
      "James C. Baker, Jr., for appellant.",
      "Jacob Sharp, Jr., for appellee."
    ],
    "corrections": "",
    "head_matter": "Mark JONES, et ux. v. Barbara DAVIS, et al.\n89-120\n777 S.W.2d 582\nSupreme Court of Arkansas\nOpinion delivered October 9, 1989\n[Supplemental Opinion on Denial of Rehearing November 13, 1989.]\nFriday, Eldredge & Clark, by: James C. Baker, Jr., for appellant.\nLaser, Sharp, Mayes, Wilson, Bujford & Watts, P.A., by: Brian Allen Brown, for appellee."
  },
  "file_name": "0130-01",
  "first_page_order": 156,
  "last_page_order": 159
}