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Keywords

lawsuitplaintiffdefendantnegligenceappealtrialverdicttrust

plaintiffdefendantdamagestrialverdicttrust

Related Cases

Clark v. Turner, 99 P.3d 736, 2004 OK CIV APP 69

Facts

On August 5, 1999, James Clark, a member of the Midwest City Fire Department, was fatally injured while responding to a one-car collision on I-40. A vehicle driven by Trivia Turner collided with a fire truck, and as Clark attended to Turner, another vehicle struck him. Clark died three days later, leading his relatives to file a lawsuit against Turner and her employer, Enterprise SW, alleging negligence and negligent entrustment.

This action arises from a series of accidents involving multiple vehicles which occurred early in the evening on August 5, 1999. The sky was overcast, and the highway was wet from intermittent rain and mist. James Clark, a member of the Midwest City Fire Department (MFD), was part of a rescue unit (Unit 2) that responded to a one-car collision on westbound highway I–40 near Air Depot Road in Oklahoma County.

Issue

The main legal issues were whether Turner was negligent in the operation of her vehicle and whether Enterprise SW was liable for negligent entrustment.

The cornerstone of the successful defense to all her claims was the Trial Court's erroneous 'exclusion of Turner's positive urine drug screen showing marijuana was in her system when she struck Ladder 2.'

Rule

To establish a claim for negligent entrustment, the plaintiff must show that the driver was negligent and that the owner's negligence in entrusting the vehicle was a proximate cause of the injury.

An actionable claim for negligent entrustment exists, and a vehicle owner is liable for damages caused by one driving his vehicle, when the owner allows the other driver to operate the vehicle and knows or reasonably should know that the other driver is careless, reckless or incompetent to operate it.

Analysis

The court analyzed the evidence presented at trial, noting that the jury found Turner was not negligent. Since the negligence of the driver is a necessary element for a negligent entrustment claim, the court concluded that without a finding of negligence on Turner's part, the claim against Enterprise SW could not stand.

In making her argument in support of this proposition of error, Plaintiff has omitted discussion of a necessary element of a claim for negligent entrustment—that injury result from the driver's careless and reckless operation of the vehicle.

Conclusion

The Court of Civil Appeals affirmed the trial court's judgment, concluding that the evidence was insufficient to support the negligent entrustment claim and that the jury's verdict in favor of the defendants was appropriate.

We find no reversible error in the Trial Court's summary adjudication of Plaintiff's negligent entrustment claim in favor of Enterprise SW.

Who won?

The prevailing party was the defendants, Trivia Turner and Enterprise SW, as the jury found that Turner was not negligent and did not cause the accident.

The jury returned unanimous verdicts in favor of Defendants in all three consolidated cases.

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