Case Study: Acker Drive A Car

On appeal, Smith said there were no times when he let Acker drive his car. Acker asked for the car a number of times, but he refused him permission. He knew Acker's license had been suspended for driving under the influence, but he did not recall being told of a family policy to not allow Acker use of the family cars. Acker testified that he does not recall the accident or how he came into possession of the Cadillac. Mr. Acker stated that he did not recall asking the defendant for his keys, nor did he know where the defendant kept his keys. Acker knew Smith did not want anyone driving his Cadillac, but never told him not to drive his car.