PERSONAL INJURY I WRONGFUL DEATH I SETTLEMENT: Vehicle Owner Found Liable for Negligently Entrusting a Drunk Driver with Car – Negligence – Negligent Entrustment – SETTLEMENT: $1,000,000
November 08, 2019
Individuals whom entrust their vehicles to others knowing that they are unfit to drive may be liable for compensatory damages under the legal theory of “negligent entrustment”. Liability under the theory of negligent entrustment is based on general negligence principles, and is imposed on the vehicle owners due to their own independent negligence.
Case Study: $1,000,000 – Negligence Entrustment: SETTLEMENT: On August 31, 2007, a 39-year old plaintiff, was struck by a car driven by a drunk driver whom veered onto the sidewalk on Elm Street in Los Angeles. The plaintiff died within four hours of the impact. According to police records, the intoxicated driver had a .20 blood alcohol level.The deceased Plaintiff’s mother sued the drunk driver’s father, financial entity and the trust all of which held title to the car under the theory of negligent entrustment.Plaintiff’s counsel prevailed in their argument that the financial entity and the trust were established exclusively to protect the drunk driver’s assets against lawsuits.The drunk driver had prior felony DUI convictions and dangerous alcoholic propensities. Despite being aware of his son’s behavior, the father entrusted him with the vehicle, a potentially dangerous weapon. The case settled for $1 million.www.verdictsearch.com/index.jsp
Negligent entrustment is codified in jury instruction CACI 724: “Negligent Entrustment of Motor Vehicle”. In the precedent caseFlores v. Enterprise Rent-A-Car Co. (2010) 188 Cal.App.4th 1055, 1063 [116 Cal.Rptr.3d 71: the law “recognized that one who places or entrusts his/her motor vehicle in the hands of one whom he/she knows, or from the circumstances is charged with knowing, is incompetent or unﬁt to drive, may be held liable for an injury inﬂicted by the use made thereof by that driver. . . .”
On other related Negligent Entrustment blogs please see below:
If you have any questions about your personal injury case, negligent entrustment or inquiries regarding negligence and damages in general, we invite you to call us today at 619-432-5145 for a free consultation with one of our experienced negligence attorneys or pain and suffering lawyers.