In this case, the plaintiff had sued a number of parties, including the person who had rented a rental car and who had then allowed the defendant driver to operate the vehicle during which trip that driver rear-ended another vehicle. At the time, the person who had rented the car and the driver who as in the accident were in a boyfriend-girlfriend relationship.
According to the Opinion, before the subject accident, the defendant driver had a prior conviction for a DUI, of which the party who had rented the vehicle was aware.
In addition to suing the defendant driver and the rental car company, the plaintiff filed a negligent entrustment claim against the party who had rented the vehicle and then let the defendant driver drive the vehicle.
In the end, the court stated that there was no evidence to show that the defendant who had rented the car would have had any reason to know or have any actual knowledge of the fact that allowing the defendant driver to operate the vehicle would give rise to an unreasonable risk of harm to others.
Rather, based upon the facts of the case, under which the plaintiffs were caused to come to an abrupt stop on the roadway due to traffic ahead, after which the defendant driver could not stop in time and contacted the rear of the plaintiff’s vehicle, it appeared to the court that this accident occurred due to simple human error.
As such, the court granted the defendant who had rented the car summary judgment on the negligent entrustment claims asserted against him.
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