NEGLIGENT ENTRUSTMENT

Date: March 7, 2012
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             Mike and Ike went to their favorite bar after work and stayed far longer than they should have. Mike drove Ike because Ike had his license suspended on account of numerous motor vehicle violations.

             After the two men finished drinking, Mike decided that he was in far worse condition to drive than Ike and suggested that Ike drive. Mike clearly knew that Ike was unlicensed.

             Sure enough, within two blocks of the bar, Ike drove the vehicle into a parked car. The collision resulted in significant injuries to Mike. Mike bought a lawsuit against Ike. Ike’s attorney stated that his client cannot be responsible because Mike would be vicariously responsible for his own injuries by allowing Ike, the unlicensed driver, to operate the vehicle. Ike’s attorney requested that Mike’s lawsuit be dismissed without ever going to trial.

             The judge agreed and the case was dismissed. Since there was no question that Mike gave Ike permission to drive his car despite the fact that Mike knew that Ike was unlicensed, Mike would be responsible for his own injuries even though he was not the driver of the car at the time.

             A person who allows an unlicensed driver to drive a vehicle will be responsible for any damages and/or injuries caused by that unlicensed driver.

 Disclaimer: The above article is for instructive purposes only and each case is fact sensitive.  Consultation with an attorney should be obtained instead of reliance upon the legal issues discussed in this column. 

 

 

Cal Leventhal
Cal is a graduate of the University of Miami (magna Cum Laude) and attended Loyola and Notre Dame law schools graduating in 1976. He is admitted to the Bars of the Supreme Court of Pennsylvania and both state and federal trial and appellate courts situated in Pennsylvania.