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Danforth v. Bulman11/23/2005
b.
Aaron admitted in his deposition that he had used cocaine the afternoon before the collision with Danforth's car. Although he claimed that he had not used alcohol that day, Aaron pled guilty to driving under the influence of alcohol in connection with the collision.
Elizabeth Bulman testified that she knew about Aaron's prior collisions and about two arrests for underage drinking, but did not recall him undergoing any alcohol or drug counseling. She knew that Aaron drank and knew that he drank in excess, but she did not allow him to drink in the house. She testified that she never found any illegal drugs in the house, but did find alcohol and poured it out.
Danforth claims that there is at least a question of fact whether Elizabeth Bulman negligently entrusted the Taurus to Aaron knowing that he was incompetent to drive. Danforth argues that because of Aaron's known history of drinking excessively, Elizabeth Bulman also knew he was likely to drive while intoxicated. Danforth also argues that Aaron's three prior collisions, of which his mother was aware, evidenced habitual recklessness.
We have held the evidence insufficient to survive summary judgment on a negligent entrustment claim when an employer knew the driver had driven a company vehicle home after drinking at office socials, when an employer knew the driver drank on the company premises and left beer cans in the company vehicle and when the car owner knew the driver had a drinking problem. It is undisputed that Elizabeth Bulman knew that Aaron drank alcohol, sometimes excessively. There is also evidence that she knew he had been caught by his father after drinking and driving. There is no evidence, however, that she had actual knowledge that he drove while impaired by alcohol or drugs.
There is evidence that Elizabeth Bulman had actual knowledge of Aaron's three collisions and his ticket for passing in an illegal zone, which all occurred within an approximately three-year period. But two of Aaron's collisions were relatively minor and he was not cited for any traffic violations as a result of any of the collisions. The only traffic violation of which Elizabeth Bulman was aware occurred when Aaron was 16. We conclude that these facts are not sufficient to establish Aaron's incompetence. The trial court properly granted summary judgment to Bulman on the negligent entrustment claim.
Judgment affirmed in part, reversed in part. Andrews, P. J., and Mikell, J., concur.
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