Damages For Dented Pickup?

A possible torts exam question?

Facts:  A, a city employee, is given a city vehicle to use.  He drives his private vehicle, a pickup truck, to work and parks it in a city lot.  After a New Year's Eve party, A backs the city vehicle into his parked pickup damaging the side of his truck.  A files a claim against the city which the City Council denies.  B, A's wife and co-owner of the pickup, then files a complaint which the city ignores.  B sues the city without naming A in the suit.  Will B prevail in her suit?  Under what theory?

Answer:  San Joaquin Superior Court, Lodi, California, June 1, 2006

Posted by Faye Jones