[pa mom]

But this girl didn't have her permit. If she had, then the dad MAY have had some liability for not stopping the car by throwing it into neutral or something, but the negligent homocide wouldn't have applied.

[beezdotcom]

But this girl didn't have her permit. If she had, then the dad MAY have had some liability for not stopping the car by throwing it into neutral or something, but the negligent homocide wouldn't have applied.

The best argument for the state is this: the girl was too young for the permit, ergo not old enough to handle a vehicle, and therefore the father was negligent in letting her drive. Thus, the point is probably moot, unless someone can strongly make the case that it would still somehow be allowable in this non-privately-held parking lot (all the street action afterwards could then possibly be construed as collateral from the initial accident).

However, hypotheticals are always fun. If the girl had been otherwise eligible to obtain the permit, then the argument comes down to: would the fatality still have happened if the girl had a piece of paper and the state were $5 richer? Based on the weakness of the permit process, I say "yes" - which might serve to reduce their criminal liability (though certainly not the civil liability).