§ 4.2.3 CASE LAW CONSTRAINS THE ELEMENTS OF THE DOCTRINE

• Jurisdiction: Arizona

§ 4.2.3 Case Law Constrains the Elements of the Doctrine

(1) Family Unit

One Arizona court defined family unit as a "household" or "a group of individuals living under one roof and usually under one head." Brown, 140 Ariz. at 487, 682 P.2d 1184, citing Webster's New Collegiate Dictionary at 410 (190). See also Pesquera, 7 Ariz. App. at 480, 441 P.2d at 77 (evidence that parent and child shared same abode and table sufficient to raise inference that family unit existed). The family purpose doctrine was not intended to apply to relationships other than the family relationship. McDowell v. Davis, 8 Ariz. App. 33, 38, 442 P.2d 856, 861 (1968) (the family purpose doctrine cannot apply to impose liability on a corporate employer where the employee's son was involved in an accident with the employer's automobile), rev'd on other grounds, 104 Ariz. 69, 448 P.2d 869.

In Alosi v. Hewitt, 229 Ariz. 449, 454, 276 P.3d 518, 523 (App. 2012), the Arizona Court of Appeals declined to expand the family purpose doctrine to encompass romantic relationships such as the type of relationship between boyfriend and girlfriend.. The court did not reach this decision based on any definition of the term "family"; rather, it cautioned against transforming the doctrine into "a broad source of vicarious liability." Id. The court reviewed the evolution of the family car doctrine, emphasizing its underlying purpose: "to help deal with 'accidents caused by young, inexperienced, and financially insecure drivers," to provide compensation for victims and "to encourage parents to ensure that their children operate motor vehicles safely and conveniently." Id. quoting Young v. Beck, 227 Ariz. at 7, 251 P.3d at 386.

(2) The Head of the Family

In order for there to be a head of the family, the other members of the family must be wholly or partially dependent upon such a person. Pesqueira, 7 Ariz. App. at 480, 441 P.2d at 77. When Arizona first adopted the family car doctrine, the head of any family...