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Ardinger v. Hummell, 982 P.2d 727

Facts

Fifteen-year-old Joshua Van Bavel was killed when the car he was driving hit a utility pole. Joshua's mother, Sherie Ardinger, sued fourteen-year-old Normandy Hummell for negligent entrustment after the jury found that Normandy was not liable. The incident occurred after Normandy took her mother's car keys without permission and drove with Joshua and other friends. The case raised questions about whether Normandy's actions constituted negligent entrustment and whether she should be held to an adult standard of care.

The case proceeded to trial on April 23, 1997.

Issue

The main legal issues included whether Normandy Hummell should be held to an adult standard of care in the context of negligent entrustment and whether the jury was properly instructed on the elements of negligent entrustment.

The parties raise several questions of law.

Rule

The court held that a child engaging in activities normally undertaken only by adults, such as driving a car, must be held to an adult standard of care. Additionally, the court ruled that negligent entrustment does not require the entrustor to direct or participate in the operation of the vehicle.

Under Alaska law, exercising physical control of a motor vehicle on a roadway is an adult activity requiring a driver's license.

Analysis

The court found that the superior court erred in instructing the jury on the standard of care applicable to Hummell's actions. The court emphasized that since Hummell had physical control of the vehicle, her actions should be evaluated under an adult standard of care. The court also noted that the jury instruction incorrectly required a finding that Hummell was directing or participating in the operation of the vehicle, which is not a necessary element of negligent entrustment.

We therefore conclude that Normandy engaged in adult conduct by taking control of the car.

Conclusion

The Supreme Court of Alaska reversed the lower court's judgment and remanded the case for a new trial, concluding that the jury instructions were flawed and that Hummell's actions should have been evaluated under an adult standard of care.

Accordingly, we reverse and remand to the superior court.

Who won?

Normandy Hummell prevailed in the initial trial as the jury found her not liable for negligent entrustment. However, the Supreme Court's reversal indicates that this finding was based on erroneous jury instructions.

The jury found that Normandy did not negligently entrust her mother's car to Joshua and that Pamela Hummell was not negligent.

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