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Keywords

tortplaintiffdefendantliabilityappealtrialverdicttrustcorporation

tortplaintifftrialverdicttrust

Related Cases

Vince v. Wilson, 151 Vt. 425, 561 A.2d 103

Facts

The plaintiff was injured in an automobile accident while a passenger in a vehicle driven by her grandnephew, who had no driver's license and a history of failing driving tests. The defendant Wilson provided funding for the purchase of the vehicle, and the auto sales corporation, Ace Auto Sales, Inc., sold the vehicle to the driver. The plaintiff claimed negligent entrustment against Wilson, Ace, and the salesman Gardner, but the trial court directed verdicts in favor of Ace and Gardner, leading to the appeal.

The plaintiff was injured in an automobile accident while a passenger in a vehicle driven by her grandnephew, who had no driver's license and a history of failing driving tests.

Issue

Whether the trial court erred in directing verdicts in favor of Ace Auto Sales and its salesman, and whether the claim against Wilson for negligent entrustment was properly submitted to the jury.

Rule

The tort of negligent entrustment applies not only to owners or those with control over the instrumentality but can extend to those who provide funding for its purchase or sell it to an incompetent driver.

The tort of negligent entrustment has long been recognized in Vermont.

Analysis

The court analyzed the evidence in favor of the plaintiff, noting that Wilson was aware of her grandnephew's lack of a driver's license and his substance abuse issues. The court found that this knowledge established a prima facie case of negligent entrustment against Wilson. In contrast, the court determined that there was sufficient evidence to suggest that Ace and Gardner may have also known about the driver's incompetence, thus the jury should have been allowed to consider their potential liability.

The court analyzed the evidence in favor of the plaintiff, noting that Wilson was aware of her grandnephew's lack of a driver's license and his substance abuse issues.

Conclusion

The Supreme Court affirmed the jury's verdict against Wilson for negligent entrustment but reversed the directed verdicts for Ace and Gardner, remanding the case for further proceedings.

Who won?

The plaintiff prevailed against Wilson because the jury found sufficient evidence of negligent entrustment, while the court found that the directed verdicts for Ace and Gardner were inappropriate given the evidence.

The plaintiff prevailed against Wilson because the jury found sufficient evidence of negligent entrustment.

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