Strategies, Challenges, and Answers

One Or Two Prior Accidents Not Enough To Sustain Negligent Entrustment Cause Of Action.

James Lewis was president of American Savings and Loan.  One of the perks that Mr. Lewis enjoyed as president of the company was a company leased auto.  Mr. Lewis allowed Mrs. Mary Ann Lewis to use the company car from time to time.  One day while she was out on a drive, Mrs. Lewis caused […]

Not Everyone Agrees That Nevada Will Follow Majority Rule Dismissing Negligent Entrustment / Supervision / Training Where Motor Carrier Admits Course And Scope

In an earlier post HERE, the Nevada Trucking Law Blog called attention to decisions coming out of the U.S. District Court for Nevada supporting the proposition that claims of negligent entrustment / training / supervision should be dismissed if the motor carrier admits its driver was in the course and scope of employment.  See Adele […]

Motor Carrier Admits That Its Driver Was In The Course And Scope of Employment. Court Dismisses Allegations Of Negligent Entrustment / Training

In the case of Adele v. Dunn, 2013 WL 1314944, 2013 U.S. Dist. LEXIS 44602 (D.Nev. 2013), the U.S. District Court, District of Nevada faced the question of whether the claims of negligent training or negligent entrustment can survive where the motor carrier has admitted that its driver was in the course and scope of […]

Will The Wider Availability Of Driver Qualification Data Encourage More Claims Of Negligent Hiring?

If the carrier admits vicarious liability will the jury get to hear evidence of negligent entrustment? The new CSA 2010 systems will gather and store more data on drivers than ever before. Even though the regulations themselves suggest that such data should not be admissible, plaintiff’s attorneys will never overlook the chance to try and stir the emotions of the jury by pointing to what they consider an inadequate driver history . . .