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re: Attorney Question???
Posted on 1/18/13 at 10:20 am to Dr. 3
Posted on 1/18/13 at 10:20 am to Dr. 3
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.****
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 on 1/18/13 at 10:49 am to Insomniac
He's still getting named in the suit if I'm filing it (this is pretty standard practice) - so your advice that he won't a proper defendant is inaccurate.
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