Strategies, Challenges, and Answers

One Or Two Prior Accidents Not Enough To Sustain Negligent Entrustment Cause Of Action.

James Lewis was president of American Savings and Loan.  One of the perks that Mr. Lewis enjoyed as president of the company was a company leased auto.  Mr. Lewis allowed Mrs. Mary Ann Lewis to use the company car from time to time.  One day while she was out on a drive, Mrs. Lewis caused an accident in which Virginia Cooke, the other driver, was injured. Before Mrs. Cooke could file suit she died but her survivors filed suit in her behalf.  The suit included a claim of vicarious liability … [Read more...]

Not Everyone Agrees That Nevada Will Follow Majority Rule Dismissing Negligent Entrustment / Supervision / Training Where Motor Carrier Admits Course And Scope

In an earlier post HERE, the Nevada Trucking Law Blog called attention to decisions coming out of the U.S. District Court for Nevada supporting the proposition that claims of negligent entrustment / training / supervision should be dismissed if the motor carrier admits its driver was in the course and scope of employment.  See Adele v. Dunn, 2013 WL 1314944, 2013 U.S. Dist. LEXIS 44602 (D. Nev. 2013) and Cuadras-Barraza v. Stringer, Case No. 2:13-cv-01627-GMN-VCF (D. Nev. Nov. 15, 2013). Another … [Read more...]

Nevada Recognizes Claims For Negligent Entrustment

Nevada has long recognized the tort of “negligent entrustment”.  Take the case of Zugel v. Miller, 100 Nev. 525, 688 P.2d 310 (1984) for example.  In that case a 13-year-old bought a motorcycle.  The boy had no driver’s license.  He took a friend for a ride on a public highway.  The boy admitted that he rode his motorcycle on the public roads all the time.  The boy and his passenger were hurt when the motorcycle ran a stop sign and it collided with another vehicle. The Plaintiffs sued the … [Read more...]