Strategies, Challenges, and Answers

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

Negligent EntrustmentReaders of the Nevada Trucking Law Blog know that Nevada Supreme Court has yet to decide whether claims of negligent hiring, training, supervision or retention can survive once an employer has admitted its employee driver was in the course and scope of his/her employment.  The rule stated in McHaffie v. Bunch, 891 S.W.2d 822, 826 (Mo.1995) is that such claims must be dismissed in cases where the employer admits the driver’s employment and course and scope.

The Nevada Trucking Law Blog has been reporting decisions of various trial courts as they attempt to sort out that question in advance of a Nevada Supreme Court decision.

For example, in the case of Wright v. Watkins & Shepard Trucking, Inc., 972 F.Supp.2d 1218 (D. Nev., 2013) Judge Larry Hicks said that he believed that when the decision comes before the Nevada Supreme Court that it the majority rule cited in McHaffie v. Bunch, 891 S.W.2d 822, 826 (Mo.1995).

Some federal cases have gone the other way.  For example, in the case of Adele v. Dunn, 2013 WL 1314944, 2013 U.S. Dist. LEXIS 44602 (D. Nev. 2013), discussed HERE, courts have said that the Nevada Supreme Court would follow the McHaffie rule.  See Gonzalez v. Kirk, 2:14-CV-39 JCM (VCF) (D. Nev. May 4, 2014).  Adele v. Dunn, 2013 WL 1314944, 2013 U.S. Dist. LEXIS 44602 (D. Nev. 2013) and Cuadras-Barraza v. Stringer, Case No. 2:13-cv-01627-GMN-VCF (D. Nev. Nov. 15, 2013).

Recently, the Judge Cory of the Eighth Judicial District Court weighed in on the issue.  In Dobrev. v. Kahsay and Nevada Star Cab Corp, Eighth Judicial District Court Case No. A-16-733037-CHe decided that Nevada would follow the trend of dismissing such claims.  Read that decision HERE.

Mike Mills, in an article featured in the most recent DRI Insurance Law Committee’s newsletter, “Covered Events” discusses Colorado’s adoption of this majority rule. Mike’s article is found HERE.

If you have questions about the McHaffie rule and whether Nevada will adopt it, please don’t hesitate to call Mike Mills at 702-240-6060×114 or email him at