Under California State law is Nic Capri liable for negligent entrustment for an accident in which his daughter, Wendi Capri, caused, when having taken a car from her father’s car lot, of which she was an employee, while intoxicated from alcohol that her father provided, even though her parents had previously prohibited her from driving big cars due to the fact that she had gotten into three smaller accidents while driving their family vehicle?

BRIEF ANSWER
Probably yes. Liability for negligent entrustment arises from the act of entrusting a motor vehicle, with permission to operate the same, to one whose incompetency, inexperience, or recklessness, is known or should have been known by the owner. Here, the lack of explicit permission given …show more content…
Allen v. Toledo, 109 Cal App. 3d 415, 420 (1980). This memo will address the element of negligent entrustment. First, by determining whether there was a sense of knowledge from the owner as to the incompetency of the driver and second by determining whether the owner of the vehicle gave driver permission to operate the motor vehicle.
A. The court will likely find that Nic Capri was knowledgeable of his daughter’s incompetency when driving large …show more content…
Knowledge of driver’s unfitness or incompetence to drive is an essential element of liability for negligent entrustment. Id. In Toledo. The father, who was also the owner of the vehicle, had prior knowledge of his son’s involvement in three prior accidents; Once on November 18, while driving his father’s vehicle, a second time on March 29, while also driving his father’s vehicle, and a third time just three weeks prior to the accident in which he killed Charlene. Id. at 417.The issue was in determining whether this knowledge would constitute the owner of being liable for the damages of the driver. The court held that the evidence of the father’s knowledge of his son’s prior accidents supported the jury’s finding of negligent entrustment Id. at 415. Knowledge of prior accidents is enough to be held liable for negligent entrustment because a reasonable and prudent vehicle owner with knowledge of his son’s previous accidents would not have permitted him to drive. Id. at