Vicarious Liability

In all cases where damage is done by any motor vehicle by reason of negligence of the driver, and driven with the consent of the owner, the owner of the motor vehicle shall be liable for such damage. “Owner” means the person to whom the certificate of title for the vehicle has been issued or assigned or to whom a manufacturer's or importer's certificate of origin for the vehicle has been delivered or assigned. However, if the vehicle is leased, “owner” means the person to whom the vehicle is leased, not the person to whom the certificate of title for the vehicle has been issued or assigned or to whom the manufacturer's or importer's certificate of origin for the vehicle has been delivered or assigned. “Leased” means the transfer of the possession or right to possession of a vehicle to a lessee for a valuable consideration for a continuous period of twelve months or more, pursuant to a written agreement. (I.C.A. § 321.493)

An "owner" generally means the person to whom the certificate of title for the vehicle has been issued or assigned to, however, if the vehicle is leased, "owner" means to whom the vehicle is leased, not the person to whom the certificate of title has issued. Id. "'Leased' means the transfer of the possession or right to possession of a vehicle to a lessee for a valuable consideration for a continuous period of twelve months or more, pursuant to a written agreement." ; accord Lyons v. Andersen, 123 F. Supp.2d 485 (N.D. Iowa 2000).