STATEMENT OF THE ISSUES I. Did the trial court improperly grant Mr. Keith Davenport’s Motion for Summary Judgment when Ms. Paula Pollard stated a plausible claim for entrustment on the basis that implied consent existed between Davenport and Mr. Marc Lester on the night of the accident? II. Did the trial improperly grant Davenport’s Motion for Summary Judgment when Pollard appropriately alleged that Lester was a reckless driver and Davenport knew of his reckless tendencies before and on the night of the accident? STATEMENT OF THE CASE This is a case against Davenport for negligent entrustment after Davenport’s car, driven at the time by Lester, a friend of Davenport known for reckless driving, was involved in a car accident that injured Pollard.…show more content… For his insomnia, Lester took Trazadone around 10pm every night. Lester did not own a car and typically would borrow other people’s cars, including Davenport, to pick up his prescription medication. Davenport was aware of Lester’s medical condition and tried to help him by driving him to the pharmacy or loaning his car to Lester. He was not aware of the specifics of Lester’s driving record. Davenport did know that Lester preferred not to drive because of negative experiences that had occurred in the past, such as getting three speeding tickets in one month. Davenport had loaned his car to Lester three times previously before the accident occurred. Lester drove his car twice in the fall of 2021 and once two weeks before the accident. Lester had never driven the car at night. Davenport would only loan the car, if he could not drive Lester himself. One month before the accident, Davenport stopped Lester from driving and refused to drive himself because he believed it was not a good idea to go to the pharmacy at two in the morning to pick up Lester’s…show more content… Drivers have been considered reckless or incompetent when their history of driving habits, traffic violations, or intemperance exhibits a pattern. Pseudota, 137. -. This pattern should reveal deviations from lawful and proper manner of vehicle operation. Pseudota, 137. -. A driver who has medical conditions that can impair their driving and a lack of comfort in stressful situations may be deemed to be an incompetent driver. Montgomery Ward, 866: An owner who entrusts his car to a person known to be an incompetent or reckless driver is guilty of negligence. (Revisore, 364) An entrustment may be deemed negligent where an entrustee is physically or mentally incapacitated, intoxicated, or for any reason lacking in judgment or perception. a. The revisored a. Evidence of the knowledge of the entrustor can be a prior suspension of driving derived from safety concerns. When the owner of a vehicle is aware of medical conditions that could affect a driver and an inability to drive in stressful situations, there is evidence of knowledge of incompetence. Montgomery Ward, 866 N. Main Street. A. Past Patterns and Current Condition Are Used to Prove the Recklessness and Incompetence of the Driver and Knowledge of the Owner. Limiting someone’s ability to drive because of safety concerns is
