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Marshall v. Whaley6/30/1999
entrusted the pickup to his son and that, before he did so, he had actual knowledge that Thomas Whaley was an incompetent driver because of his tendency to drive while under the influence. Worthen v. Whitehead, 196 Ga. App. 678 (396 SE2d 595) (1990).
Although Marshall points to an incident in which Thomas Whaley was charged with DUI before the collision giving rise to this suit, this incident was long after Kenneth Whaley purchased the pickup for his son and delivered control of the truck to his son. Consequently, Thomas Whaley was not driving a vehicle that had been entrusted to him by his father after his father had actual knowledge of his tendency to drive while intoxicated. Accordingly, the trial court did not err by granting summary judgment on this claim.
Judgment affirmed. Blackburn, P.J., and Senior Appellate Judge Harold R. Banke concur.
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