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Lydia v. Horton10/30/2000
The defendant argued that a bailee injured by her own negligence may not bring suit against the bailor. The Supreme Court of Alabama found the essence of a claim for negligent entrustment was the primary negligence of the bailor in entrusting the chattel to the incompetent bailee, not the bailee's negligence. Thus, the bailee's negligence was not an essential element of the claim against the bailor and the claim was not barred per se by the doctrine of contributory negligence.
The court held: "After careful consideration, we are convinced the Restatement proposes the best view, and we adopt § 390 as the law of this state." Id at 132. The court recognized a bailee may maintain a cause of action against a bailor for negligent entrustment. Relying upon comment c to § 390, the Keller court declared contributory negligence was a defense to an action for negligent entrustment. The court concluded the decedent was contributorily negligent as a matter of law and, in the absence of any evidence that defendant had wantonly entrusted the car to the decedent, the plaintiff's action was barred.
Similarly, the Court of Appeals of North Carolina examined the issue in Meachum v. Faw, 436 S.E.2d 141 (N.C. Ct. App. 1993). In that case, the plaintiffs brought an action for negligent entrustment against the defendant alleging he negligently allowed the plaintiffs' sixteen-year-old daughter, whom he knew to be an unlicensed and incompetent driver, to drive his car after she had consumed substantial amounts of mind-altering substances. The plaintiffs further averred that the daughter, as a result of her intoxication and incompetence, drove defendant's car recklessly and at a high rate of speed, eventually driving the car off the highway and having a wreck resulting in her death.
The court elucidated: "Like the Alabama Supreme Court [in Keller, supra], we find the view presented in the Restatement compelling and adopt it as our own. Thus, we hold that a bailee may bring an action for negligent entrustment against the bailor but that such an action is subject to the defense of contributory negligence." Meachum, 436 S.E.2d at 144. The Meachum court affirmed the trial court's dismissal of the action: " he decedent's own negligence in driving while voluntarily intoxicated rose to the level of the defendant's negligence in entrusting the automobile to her. Therefore, we find that, as a matter of law, the plaintiffs' claim is barred by decedent's contributory negligence as alleged in the complaint." Id. at 145.
South Carolina, unlike North Carolina and Alabama, adopted comparative negligence in lieu of contributory negligence. States utilizing comparative negligence rely upon the Restatement's view allowing for a first party cause of action by the entrustee.
In Blake v. Moore, 208 Cal. Rptr. 703 (Cal. Ct. App. 1984), the California Court of Appeal, citing § 390 of the Restatement (Second) of Torts, determined the injured, intoxicated driver of a vehicle could pursue the owner of the automobile for negligent entrustment. The court found helpful illustration 7 to comment c of § 390. The court expounded:
he California comparative negligence doctrine was established, abrogating contributory negligence as a complete bar to recovery on a negligence complaint. Voluntary intoxication may amount to wilful misconduct. Nevertheless, the drinking is not so "intentional" that it disqualifies an injured person from comparative negligence relief.
Plaintiff may be unable to excuse his voluntary intoxication. Nevertheless, he is entitled to a comparative fault trial. This should result in a weighing of defendant's fault in entrusting his car to plaintiff with
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