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re: Attorney Question???

Posted on 1/18/13 at 9:24 am to
Posted by Dr. 3
Member since Mar 2005
11353 posts
Posted on 1/18/13 at 9:24 am to
Put plainly, he allowed his nephew to drive a vehicle he owns. Nephew is at fault in a MVA. Uncle OP is on the hook IMV.
Posted by Insomniac
Member since Jan 2013
6 posts
Posted on 1/18/13 at 10:20 am to
NEGLIGENT entrustment? Given the provided facts, how was the uncle negligent in loaning the vehicle to his adult nephew? Negligence isn't assumed in this case, it must be proven.

The fact that he simply loaned the vehicle to his adult nephew isn't negligent entrustment.

Lawyers can make up causes of action against anyone if they choose to. The question is whether their frivolous accusations will survive a MSJ (Motion For Summary Judgment).

Given the simple facts provided by uncle, I believe he is fine. Again, that is simply my opinion. If intoxication, or a pattern of reckless driving on the part of the nephew were included in the facts, my opinion may not be the same.

Dr. 3 - are you an attorney (not being rude, just curious)? If you are, under what theory do you believe uncle is automatically 'on the hook' if he simply owned the vehicle involved in a crash, while being driven by an adult and sober (I assume) adult nephew, aside from the negligent entrustment claim addressed above.

****OP - I wouldn't add additional facts to your original post, in the event someone reading this ends up representing one of the injured people in this accident. I feel certain that any experienced attorney (either plaintiff or insurance defense) will provide you the same information and opinion I provide.****
Posted by OTIS2
NoLA
Member since Jul 2008
50218 posts
Posted on 1/18/13 at 11:00 am to
quote:

Put plainly, he allowed his nephew to drive a vehicle he owns. Nephew is at fault in a MVA. Uncle OP is on the hook IMV.
But the law doesn't see it this way...
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