No Nonsense on Negligence – Common Law Negligent Entrustment Claim Remains Undefeated by Ownership Defense
No-Fault Newsline 01/22/2018
Bennett is a published opinion, and therefore is binding authority. The key point of this case is that a defendant can no longer file for summary disposition in an action alleging negligent entrustment on the basis that the defendant was not the owner of the vehicle. The focus of a negligent entrustment action is on whether the defendant supplied the vehicle to the negligent driver. The plaintiff will still have the burden of proving whether the defendant knew or should have known that they gave possession of the vehicle to a driver whom they knew or should have known was likely to operate the vehicle in a dangerous manner.
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