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Tillman v. Singletary11/13/2003
per persons or instrumentalities in work involving risk or harm to others; (c) in the supervision of the activity; or (d) in permitting, or failing to prevent, negligent or other tortious conduct by persons, whether or not his servants or agents, upon premises or with instrumentalities under his control. Restatement (Second) of Agency 213 (1958).
. A party has the right to embody its theories of the case in the jury instructions provided there is testimony and/or evidence to support it, and if the instructions are conditioned upon the jury finding that such facts existed. Reese v. Summers , 792 So. 2d 992, 994 (Miss. 2001). There was a sufficient basis of facts for the granting of plaintiff's instruction P-5, the instruction on negligent supervision. The trial court erred in failing to put this instruction to the jury.
III. WHETHER IT WAS ERROR TO GRANT A DIRECTED VERDICT IN FAVOR OF SINGLETARY ON THE ISSUE OF NEGLIGENT ENTRUSTMENT.
. Negligent entrustment is a theory of liability which may be summarized as follows:
One who supplies directly or through a third person a chattel for use of another whom the supplier knows or has reason to know to be likely because of his youth, inexperience, or otherwise, to use it in a manner involving unreasonable risk of physical harm to himself and others whom the supplier should expect to share in or be endangered by its use, is subject to liability for physical harm resulting to them.
Sligh v. First Nat. Bank of Holmes County , 735 So.2d 963, 968-69 (Miss. 1999).
. Powe was twenty-five years old at the time of the accident. Although he had not previously driven Singletary's boat, he testified that he had prior experience driving power boats, sailboats and john-boats. Evidence supporting the circuit court's denial of the instruction was the fact that Powe had prior boating experience. Furthermore, no evidence was submitted which showed that Singletary had knowledge that Powe's knee could buckle under. Clearly the foreseeability element is not met. Thus, Singletary cannot be held accountable under a theory of negligent entrustment. We affirm the circuit court's decision to direct a verdict in favor of Singletary on negligent entrustment.
IV. WHETHER THE CIRCUIT COURT ERRED IN GRANTING A DIRECTED VERDICT IN FAVOR OF SINGLETARY ON THE ISSUE OF PUNITIVE DAMAGES.
. Tillman appealed the directed verdict on the issue of punitive damages insofar as Singletary was concerned. The basis for punitive damages is the testimony of a single witness that Singletary was staggering and red-eyed and appeared drunk after the accident. On cross-examination, however, this witness said that she got no closer than thirty-five feet to Singletary. Powe and Singletary testified that Singletary had consumed a minimal amount of alcohol, and later witnesses offered substantiation during the presentation of defendants' case.
. Punitive damages may be recovered for willful and intentional wrong and for such gross and reckless negligence as is equivalent to willful wrong. A trial court's decision not to send punitive damages to the jury will only be reversed upon a finding of an abuse of discretion. Hurst v. Southwest Miss. Legal Servs. Corp . , 708 So. 2d 1347, 1351 (Miss. 1998). The circuit court did not abuse its discretion in directing a verdict for Singletary on the issue of punitive damages.
CONCLUSION
. In summary, we affirm in part and reverse in part the Court of Appeals' judgment. We affirm the circuit court's grant of directed verdicts on the issues of negligent entrustment and punitive damages. We reverse the circuit court's judgment and remand for
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