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plaintiffdefendantdamagesnegligenceliabilityappealsustained
liabilityappealverdictsustainedduty of care

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Morgan v. Scott, 291 S.W.3d 622

Facts

Timothy Morgan was test driving a Chevrolet Silverado from Moore Pontiac when he lost control of the vehicle and collided with Candria Scott's car, resulting in significant injuries to Scott. The Scotts sued both Morgan and Moore Pontiac, claiming negligence on both parts. The jury found Morgan and Moore Pontiac equally at fault, but the Court of Appeals later determined that Moore Pontiac should not be held liable due to the absence of its representative during the test drive, which was in line with established Kentucky law.

What is undisputed is that Moore Pontiac's company policy required one of its employees to accompany a customer on a test drive. During the test drive, Morgan lost control of the Silverado, crossed into another lane of traffic, and struck a vehicle driven by Candria Scott.

Issue

The main legal issues were whether Moore Pontiac could be held liable for the injuries sustained by Candria Scott during the test drive and whether the jury's apportionment of fault was appropriate given the circumstances.

The Scotts contend that the Court of Appeals erred in ruling that Moore Pontiac had no legal liability for the accident and the resulting injuries. We disagree.

Rule

Under Kentucky law, a vehicle's owner is not liable for injuries sustained during a test drive if the owner or a representative is not present in the vehicle. Additionally, liability for negligence requires a proximate cause linking the defendant's actions to the plaintiff's injuries.

It has long been the law in this Commonwealth that a vehicle's owner, such as a dealership, is not liable for injuries sustained by a third party during a test drive if the vehicle's owner or a representative of the owner, such as a salesperson, is not present in the vehicle during the test drive.

Analysis

The court applied the established rule that a dealership is not liable for injuries during a test drive if no representative is present. It found that Moore Pontiac's failure to follow its internal policy did not increase the risk of harm to Scott, as the dealership had no legal duty to ensure the safe operation of the vehicle when the driver was competent. The court also noted that the Scotts could not rely on the dealership's internal policy since they were unaware of it.

Simply put, the concept of a universal duty of care is not so broad as to lead to a conclusion that a vehicle's owner has automatically breached a legal duty of care simply by permitting an apparently competent driver to take the owner's vehicle for a test drive.

Conclusion

The Supreme Court affirmed the Court of Appeals' decision, concluding that Moore Pontiac was not liable for the injuries sustained by Candria Scott and that the customer, Morgan, was solely responsible for the damages.

We therefore affirm the Court of Appeals' conclusion that Moore Pontiac should have been granted a directed verdict dismissing the Scotts claims against it, and that the judgment against Moore Pontiac must be vacated.

Who won?

Moore Pontiac prevailed in the case as the court ruled that it had no legal liability for the accident, affirming the Court of Appeals' decision.

We agree with the Court of Appeals that the Scotts could not have reasonably relied upon Moore Pontiac's policy regarding having a salesperson accompany a test driver because the evidence showed that the Scotts were unaware of the policy's existence.

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