dangerous instrumentality under the law of negligent entrustment

• Bennis v. Michigan, 516 U.S. 442 (1996)

... the automobile forfeit as a public nuisance under Michigan's statutory abatement scheme, the trial c..., at 459, but with respect to an instrumentality in the latter class, an owner's innocence is no de... without a showing that he was either dangerous or mentally ill. Petitioner argues that our statem... a motor vehicle owner liable for the negligent operation of the vehicle by a driver who had the o... was in no way negligent in her use or entrustment of the family car. Thus, no forfeiture should have...

• U.S. Supreme Court

• Bennis v. Michigan, 516 U.S. 442 (1996)

... the automobile forfeit as a public nuisance under Michigan's statutory abatement scheme, the trial c..., at 459, but with respect to an instrumentality in the latter class, an owner's innocence is no de... without a showing that he was either dangerous or mentally ill. Petitioner argues that our statem... a motor vehicle owner liable for the negligent operation of the vehicle by a driver who had the o... was in no way negligent in her use or entrustment of the family car. Thus, no forfeiture should have...

• U.S. Supreme Court

• Cates v. Creamer, et al, (5th Cir. 2009)

... Hertz' being vicariously liable to Cates under Florida law for an automobile accident in which, t... courts would apply that State's "dangerous instrumentality doctrine" to this action; and (2) ... were sued under Texas law for negligently causing the collision, with damages for medical ex... claim against Hertz was for negligent entrustment, and Hertz contended it would not be liable. The d...

• Federal Circuits

• Monica Steele, Petitioner, vs. Geico Indemnity Company, et al., Respondents, (2011)

... of our clear precedent to the contrary under Florida‟s dangerous instrumentality doctrine to ... Jordan negligently operated the vehicle, and the car crashed into a t... Moreover, “[w]here „original entrustment‟ is shown to exist, liability thus imposed on the o...

• Florida Supreme Court

• Standard Mutual Insurance Company, Plaintiff-Appellee, v. Elodie L. Bailey, Charlotte A. Cook, Charles E. Cook and Christopher J. Cook, Defendants-Appellants., 868 F.2d 893 (7th Cir. 1989)

... coverage of the Cooks' claim of negligent entrustment of a motor vehicle against the defendaant Elodie Bailey, an insured under the policy. We affirm. I. On October 10, 1984, Rob... by the owner or custodian of the instrumentality plus its negligent use by the entrustee--that is m... of the harm may depend upon the dangerous character of the product entrusted.. It is not dif...

• Federal Circuits

• Carter v. U-Haul Internatl., (Ohio 2009)

The trial court did not err in granting summary judgment in favor of the defendant-appellee on the plaintiff-appellant’s agency and negligent entrustment claims, arising out of a hit-and-run automobile accident with an unidentified driver, where the record contained no evidence from which a trier of fact could conclude that the unidentified driver was an agent of the defendant-appellee or that the defendant-appellee entrusted the vehicle to the unidentified driver. Also, the trial court did not abuse its discretion by striking portions of plaintiff-appellant’s affidavit that were not based on personal knowledge and did not err in refusing to apply res ipsa locquitur where the plaintiff-appellant failed to satisfy the basic prerequisites for application of that doctrine.

..., UHMO, a corporation organized and existing under the laws of Massachusetts, is in charge of all asp... mere proof of the ownership of an instrumentality is not enough to permit an inference that the one ... skill as to convert the vehicle into a dangerous instrumentality." Williamson v. Eclipse Motor Lin...

• Ohio Supreme Court

• McGuire vs. Wright, (5th Cir. 1998)

... be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .... at issue is whet her, in finding negligent entrustment, the district court e rred in holding ... his motor vehicle to become a dangerous instrumentality by putting it into a driverÂ’s ...

• Federal Circuits

• McGuire vs. Wright, (5th Cir. 1998)

... be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .... at issue is whet her, in finding negligent entrustment, the district court e rred in holding ... his motor vehicle to become a dangerous instrumentality by putting it into a driverÂ’s ...

• Federal Circuits

• Priscilla S. Cates, Individually and as Guardian of the Person and Estate of Bobby Ray Cates, an Incapacitated Person, Plaintiff-Appellant-Cross-Appellee, v. Matthew Scott Creamer, Defendant-Appellee-Cross-Appellant, Lamae Creamer; Hertz Corporation, Defendants-Appellees., 431 F.3d 456 (5th Cir. 2005)

... the car as permitted by this agreement." Under the agreement, the Creamers could drive the miniva... District of Texas against Creamer for negligent operation of a motor vehicle under Texas law, seek...She also sued Hertz under Florida's "dangerous instrumentality doctrine," which imposes vicarious... has adopted the doctrine of negligent entrustment, which provides that for Cates to make Hertz vicar...

• Federal Circuits

• Luc v. Madruga, (1st Cir. 2007)

... He was arrested for driving. a vehicle under the influence of alcohol.          The pl...its allegedly dangerous practices because of numerous past. incidents invoolving negligent or criminal activity by Roxy patrons. . For exampl...of Torts and principles of negligent entrustment and negligent. supervision. Plaintiffs reassert t... entrustment are: control over the instrumentality, entrustment of. (or permission to use) the instru...

• Federal Circuits