{
  "id": 8574652,
  "name": "EUGENE F. RHINER v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, a Corporation",
  "name_abbreviation": "Rhiner v. State Farm Mutual Automobile Insurance",
  "decision_date": "1968-02-02",
  "docket_number": "",
  "first_page": "737",
  "last_page": "740",
  "citations": [
    {
      "type": "official",
      "cite": "272 N.C. 737"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "144 S.E. 2d 898",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "opinion_index": 0
    },
    {
      "cite": "265 N.C. 675",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8576737
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/265/0675-01"
      ]
    },
    {
      "cite": "126 S.E. 2d 161",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "weight": 2,
      "opinion_index": 0
    },
    {
      "cite": "257 N.C. 381",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8567993
      ],
      "weight": 2,
      "opinion_index": 0,
      "case_paths": [
        "/nc/257/0381-01"
      ]
    }
  ],
  "analysis": {
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  "last_updated": "2023-07-14T21:31:35.058336+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "EUGENE F. RHINER v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, a Corporation."
    ],
    "opinions": [
      {
        "text": "PeR Cueiam.\nThe case of Hawley v. Insurance Co., 257 N.C. 381, 126 S.E. 2d 161, contains a full discussion of the rules governing permission which will effectuate coverage under the usual omnibus clauses in liability insurance policies. This jurisdiction has thus far adopted the moderate or \u201cminor deviation\u201d rule, i.e., \u201cA material deviation from the permission given constitutes a use without permission, but a slight deviation is not sufficient to exclude the employee from the coverage under the omnibus clause.\u201d This permission may be either express or implied. Hawley v. Insurance Co., supra.\nIn the case of Bailey v. Insurance Co., 265 N.C. 675, 144 S.E. 2d 898, the Court in considering permission as used in an omnibus clause of a liability insurance policy, stated:\n\u201c \u2018Where express permission is relied upon it must' be of an affirmative character, directly and distinctly stated, clear and outspoken, and not merely implied or left to inference. On th\u00e9 other hand, implied permission involves an inference arising from a course of conduct or relationship between the parties, in which there is mutual acquiescence or lack of objection under circumstances signifying assent.\u2019 Hawley v. Ins. Co., 257 N.C. 381, 126 S.E. 2d 161.\u201d\nThe evidence in this case shows that the owner of. the automobile agreed that Thompson should use his vehicle for the purpose of go-, ing to the Market House in the City of Raleigh, located less than ten city blocks away, to pick up some clothes. The owner further stated: \u201cI want you to be careful and come; back and- bring me .a bottle of liquor.\u201d Whereupon, the driver left the City of Raleigh and proceeded to \u2018drive a , distance of approximately twenty miles, where, he was involved, about two hours later, in the wreck complained of. Considering these facts under the express permission' rule, the evidence shows a major .deviation from, the'express permitted use.\nHowever, appellant, contends-that'because of-the social relationship and the showing that Thompson had driven the automobile on three or four other occasions,.-an inference .was' raised .-sufficient to show a course of, conduct resulting im an implied permission.\nPlaintiff\u2019s theory of implied permission is strongly negated by the fact'that' alt The evidence'-, shows'Thompson had'use of the automobile by virtue of a restricted express permission,. and when all- the evidence is considered in the light most favorable to' the plaintiff, we do not think the evidence shows a course of conduct sufficient to show permissive \"\u00fase by the'owner at the \"tim\u00e9* of the accident'.\nWe hold that Thompson\u2018s use of the automobile was without the-permission of the owner. Thus,' plaintiffs injury is not covered by defendant\u2019s policy, and the trial judge correctly allowed defendant\u2019s motion for judgment as of nonsuit.\nAffirmed.",
        "type": "majority",
        "author": "PeR Cueiam."
      }
    ],
    "attorneys": [
      "Everett L. Doffermyre and James F. Penny for plaintiff.",
      "Smith,. Leach, Anderson & Dorsett for defendant."
    ],
    "corrections": "",
    "head_matter": "EUGENE F. RHINER v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, a Corporation.\n(Filed 2 February, 1968.)\n1. Insurance \u00a7 57\u2014\nIn this State coverage of a driver under the \u201comnibus clause\u201d in an automobile liability policy extends only to use of an automobile by the driver with the express or implied permission of the owner, and while a slight deviation from the permission given is not sufficient to exclude the driver from coverage, a material deviation is a use without permission,\n2. Same\u2014\nEvidence that the owner of an automobile agreed to allow the bailee to use his automobile to go to a store less than ten blocks away, that the bailee was instructed to return and bring the owner a bottle of liquor, but that the bailee left the city and drove a distance of some twenty miles where he was involved in an accident some two hours later, held insufficient to show that the use of the automobile was with the permission, express or implied, of the owner.\nAppeal by plaintiff from Mallard, J., June 1967 Civil Session of HARNETT.\nCivil action to recover the amount of $10,000.00 fixed by judgment for personal injuries sustained by plaintiff on 3 January 1964.\nIn a prior action, plaintiff recovered judgment against Jack H. Thompson, Jr., for injuries sustained in an automobile collision. That judgment remains unsatisfied. The automobile driven by Thompson at the time of the collision was owned by Dennis Earl Dickerson and was insured by State Farm Mutual Automobile Insurance Company. Plaintiff brings the present action to recover the amount of the judgment from the insurance company under the terms of the omnibus clause in the insurance contract issued to Dickerson, which provided:\n\u201cPersons Insured. The following are insureds under Part 1:\n(A) With respect to the owned automobile,\n(1) \u2022 the named insured and any resident of the -same household,\n(2) any other person using such automobile, provided the-actual use thereof is -with the permission of the named insured; . . .\u201d\nPlaintiff's evidence tended to show that Thompson and Dickerson had worked together and had roomed together in Raleigh, N. C. The evidence, when taken in the light most favorable to plaintiff, tends to show that Thompson had been seen operating Dickerson\u2019s automobile on as many as four different occasions, on some of which Dickerson was not present in-the car.-Thompson\u2019s deposition relating to his use of Dickerson\u2019s car bn th\u00e9 night of the accident contained the following:\n\u201cWell, at first I asked him to take me up town to the Market House to pick up'my clothes; but he said, \u2018No; I\u2019m not going. . . . You take the.car and go up there if you want to, ... I want you to be careful and come back and bring me a bottle of liquor.\u2019 \u201d '\nThompson further stated in his deposition that the Market House was less than ten blocks from where he and Dickerson roomed;, that he .left in the car about 8:45 P.M. and was involved in the collision with plaintiff on N. C. Highway 55 about one mile north of th\u00e9 Harn\u00e9tt-Wake County Line at about 10:30 P.M. He stated that he had' driven Dickerson\u2019s car only twice prior to that night.\nAt the conclusion of plaintiff\u2019s evidence, defendant\u2019s motion for judgment as of nonsuit was allowed.\nPlaintiff appealed.\nEverett L. Doffermyre and James F. Penny for plaintiff.\nSmith,. Leach, Anderson & Dorsett for defendant."
  },
  "file_name": "0737-01",
  "first_page_order": 773,
  "last_page_order": 776
}