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Thompson v. Three Guys Furniture Co.5/7/1996
Plaintiff administratrix brought this action seeking damages for the wrongful death of her son, alleging that his death had been caused by negligence on the part of defendant Ray and that Ray's negligence was imputed to defendant Three Guys Furniture Company (TGF) and its sole proprietor, defendant Greene. By her complaint and amended complaint, plaintiff also alleged that defendant Greene had negligently entrusted the company's 1980 Chevrolet truck to Ray and had violated G.S. § 20-34, constituting negligence per se.
Defendants Greene and TGF answered, denying any negligence on their part and further denying liability for any negligent conduct of Ray. Following discovery, Greene and TGF moved for summary judgment.
The materials before the trial court tended to show that on 29 May 1992, Frederick Thompson was killed when defendant Ray drove a truck, owned by and registered to defendant TGF, across the center line and struck Thompson's automobile head-on. Ray's blood alcohol level was later tested to be .17. Ray's driver's license had been permanently revoked on 13 June 1991 for violations including: driving while impaired, driving on the wrong side of the road, reckless driving, unsafe movement, a moving violation involving personal injury or property damage over $300.00, and for multiple offenses of driving while his license was revoked.
Defendants' evidence tended to show that defendant Greene had first met Ray on 15 April 1992 when Ray came to the TGF store and offered to paint the company truck for $700.00. Ray left a telephone number with Greene, and Greene told Ray he would let him know if he was interested. Ray returned to the store a month later, on a Friday, and, after some negotiation, Greene and Ray agreed that Ray would paint the truck for $550.00 and that Ray would pick the truck up on the following Monday, 18 May 1992, and return it by Thursday, 21 May 1992, because Greene needed to use the truck on that day. According to Greene, Ray appeared clean cut and spoke clearly and intelligently each time they met. Upon Greene's inquiry, Rick Waycaster, another store owner for whom Ray had worked, told Greene that Ray had done a good job for him.
Martha Jean Stegall, an employee of TGF, stated that Greene told her that Ray would paint the truck for $550.00 and would pick up the truck on 18 May and return it by 21 May. When Ray came to pick up the truck on 18 May, he asked for a $250.00 advance to buy supplies and gave Stegall a receipt upon which he wrote that the job was to be finished "within three days." Stegall also stated that she made it clear to Ray that the truck had to be returned by 21 May, and that Ray gave her a phone number where he could be reached.
Ray did not return the truck on 21 May 1992. Greene testified that he tried unsuccessfully to contact Ray at the phone numbers Ray had given, and that he was unable to locate Ray by other means. Greene filed a formal stolen vehicle report on 25 May 1992, and a warrant was issued for Ray's arrest.
Plaintiff's evidence tended to show that Greene knew Ray would be driving the truck, but did not ask to see Ray's driver's license, did not talk to Ray about his driving record, and had never seen Ray driving a car or truck. Greene did not investigate Ray's references other than speaking briefly to Rick Waycaster. Greene described his inquiry to Waycaster as follows: "in passing I asked Mr. Waycaster -- you know, looks like he's doing a good job, and he said -- he said, yes, and that's about the extent of that. I was more concerned over what I was purchasing [at Waycaster's shop]."
Plaintiff also presented Ray's affidavit in which Ray stated that Greene had personall
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